User Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
GENERAL TERMS AND CONDITIONS
- “Company” “we” “us” or “our” means BE Brand, LLC dba Best Ever.
- “Content” means all content, materials, and information available on this Site including User Content.
- “Forums” means message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Invision Community and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums provided through the Site.
- “Terms” means these User Terms and Conditions, including the legal disclaimers throughout the Site.
- “Site” means this website, any sub-domains and related domains; the Best Real Estate Investing Advice Ever Show podcast; the Best Real Estate Investing Advice Ever blog; and the Best Real Estate Investing Advice Ever YouTube channel; mobile apps; and other online products and services delivered or made available through or associated with this website or the Company.
- “User Content” means all content, materials, and information including without limitation written, film, video, audio, or photography that you post, publish, or upload to the Site, including without limitation, through any social networking tools available on the Site, including your publicly available profile information.
- “Forum” means
- Restrictions on Use. The Content is protected by copyright and trademark laws, and is the property of its owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant Content may you publish, display or commercially exploit such Content. You must abide by all additional copyright notices or other restrictions contained in the Site.
- Third Party Links. The Terms apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. The Company has no control over and is not responsible for the availability of, content, policies, or other practices of any other site to which this Site links. Not do we endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. By using this Site, you expressly relieve the Company of any and all liability arising from your use of any third-party websites linked to or from the Site. Under no circumstances will we be held responsible for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission you should contact us by using the form on this page. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Site, at our discretion at any time.
- WARRANTIES; GENERAL DISCLAIMERS.
THE CONTENT, SERVICES, AND PRODUCTS, INCLUDING ANY TOOLS, ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE CONTENT OR ANY TOOLS ARE ACCURATE, COMPLETE OR CURRENT. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, SERVICES, OR PRODUCTS, INCLUDING ANY TOOLS, IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED COMPANY SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE COMPANY.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER: A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE; OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.
- Professional Advice and Earnings Disclaimers.
Your use of the Site constitutes your acknowledgment that nothing contained in the Site is financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Company or you and any authors of the Site, including Joe Fairless and any entities he may own or control. All opinions expressed by others on the Site (including guests on the Best Real Estate Investing Advise Ever podcast) do not reflect the opinions of the Company and the Company does not warrant the completeness or accuracy of such opinions. The Content, tools, products and services provided by Company and through the Site are for general informational and educational purposes only and do not constitute accounting, legal, tax, financial or other professional advice. We recommend that you seek appropriate advice from professional advisors, including real estate professionals, accountants, financial planners, and lawyers before making any type of investment or real estate decision and that you independently verify any calculation or output obtained from any tool we may offer.
Neither the Company nor Joe Fairless are registered brokers and we are not offering or soliciting any securities. Under no circumstances should any Content be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or investment fund. One should not assume that any investment will be profitable. If information is provided regarding potential real estate opportunities, such information is general information only. Past performance is never a guarantee of future results. Neither the Company nor Joe Fairless guarantee any specific outcome or profit. Investments or strategies mentioned on the Site may not be suitable for you. Again, before making any investment you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.
You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, from your use of the Content or this Site or any decisions or actions in reliance on information found on this Site or any Forum including but not limited to economic loss, injury, illness or death.
Joe Fairless serves as director of investor relations with Ashcroft Capital, a real estate investment firm. Ashcroft Capital is not affiliated with Company or this Site and is not responsible for any of the content herein.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES, INCLUDING TOOLS, PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE OR FOR THE PRODUCTS OR SERVICES PURCHASED. YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND THE CONTENT INCLUDED HEREIN IS TO STOP USING THE SITE AND CONTENT.
- Parental Permission; Minimum Age Requirements. This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. You must be at least 13 years old to use this Site. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. You must be at least 18 to purchase products or services on this Site. If you are purchasing any of the products or services of Company, you represent that you are at least 18 years of age.
- Membership Fees. We reserve the right to charge fees, surcharges and/or membership fees for all or any of our services currently provided for free at any time upon thirty (30) days' prior written notice to you.
- Ownership of Intellectual Property, Products and Services. All Content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, products, tools, podcasts, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all Content (other than User Content) is the exclusive property of the Company and protected by U.S. and international copyright laws. The Company’s name and other Company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company or its affiliates in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates. You are not authorized to display or use any of the aforementioned protected intellectual property without the prior written permission of Company or such other owners as applicable, and any use which is not so permitted is expressly prohibited.
By purchasing any products, services, subscriptions, or using any tools offered on the Site, you acknowledge that such products, services and subscriptions and tools are the confidential proprietary information and property of Company, and you agree to protect the foregoing as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the Company, you agree that you will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others.
- Indemnity. By accessing and using the Site and Content, you agree to defend, indemnify and hold harmless BE Brand, LLC and its affiliates, subsidiaries, officers, directors, agents, employees and partners, and any parties with whom it may contract to provide its services (the “Indemnified Parties”), from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, expenses or damages (including, without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against the Indemnified Parties arising out of: (a) any breach or alleged breach by you of any representation, warranty, covenant or obligation in these Terms and (b) your use of or activities in connection with the Site and Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
- Digital Millennium Copyright Act (“DMCA”). Company respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Company will respond expeditiously to claims of copyright infringement on the Site if submitted to Company's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials. If you believe that your intellectual property rights have been violated by Company or by a third party who has uploaded materials to the Site, please provide the following information to Company's designated Copyright Agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- An address, telephone number, and e-mail address where you can be contacted;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
- Your electronic or physical signature.
Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, Company will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. COMPANY may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
Company registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Company's designated Copyright Agent is: Kirstie Swick, 5139077994, firstname.lastname@example.org.
- Contacting Us. You can contact the Company by using the form on this page.
- Governing Law and Jurisdiction. Any dispute arising out of or related to the Terms shall be governed by the laws of the State of Ohio, without regard to its conflicts of law rules. Any dispute arising out of the Terms shall be litigated exclusively in state or federal court in Hamilton County, Ohio. Company, however, retains the right to bring suit in any jurisdiction where we believe that breach of these Terms is occurring. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Company that is more than one year after the date such claim accrued.
- Severability. If any provision contained in the Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of the Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
- Waiver. The failure of Company to require performance of any provision of the Terms or exercise any right provided herein shall not affect in any way Company’s right to require such performance or exercise such right at any time thereafter. All waivers must be in writing and must expressly state the term or right being waived.
- SPECIFIC TERMS REGARDING USER CONTENT
- General. As a service to our users, this Site may feature Forums where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Company has no responsibility for such content and is merely providing access to such content as a service to you. BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS. Company does not endorse any User Content uploaded to this Site or any Forum or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with any such User Content.
- Representations and Warranties. By uploading User Content to the Site or any Forum, you represent and warrant that:
- You shall not harass, stalk or otherwise abuse another user;
- You shall not transmit or otherwise make available any User Content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site or Company), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- You are the author or creator of the User Content and/or you have full copyright, title and interest in and to any User Content and that you shall not transmit or otherwise make available any User Content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- You shall not upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site.
- You shall not impersonate any person or entity, or otherwise disguise the origin of any User Content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- You shall not transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes;
- You shall not violate any applicable local, state, federal or international law, rule or regulation; and
- You have the full power and authority to upload and/or share the User Content on the Site and/or any Forum and grant the rights granted by these Terms to the Company and that no other consents or payments are necessary to permit the Company and other users the full use of the rights granted herein.
- Confidential Obligations. You agree that you will not upload or transmit any communications or content of any type to a Forum or the Site that infringe or violate any rights of any party. You agree to maintain the confidentiality of certain material or information of Company as provided in these Terms. It is your obligation to confirm that any User Content you share does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Company has required you to preserve as confidential.
- Grant of Rights. To the extent you are the original copyright holder of any User Content you post and such post does not contain any of the information or material of Company or other information you are required to preserve as confidential by Company or any third party, then; i) you remain owner of such User Content to the extent you were the owner; ii) you automatically grant to Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the User Content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns. In addition, you hereby waive and relinquish any right that you may have to inspect, examine or approve any uses of the User Content by Company in connection with the Site or any Forum it controls, and the advertising or promotion thereof. You further waive and relinquish any and all claims that you may now or hereafter have in any jurisdiction to “moral rights” to Company with respect to the results and proceeds of the User Content and agree that Company may combine, alter or modify, without limitation, such work, including the removal of metadata. This license includes the right for us to make User Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. Any ideas, suggestions, and feedback about Company that you provide to us are entirely voluntary, and you agree that Company may use such ideas, suggestions, and feedback without compensation or obligation to you.
- Name, Likeness, Voice. By uploading and sharing User Content on the Site, you grant Company the irrevocable, perpetual, worldwide and royalty-free right to use, exhibit, reproduce, distribute and publicly display your name, approved likeness, voice and biographical information in connection with the reproduction, display, distribution, public performance, transmission and/or broadcast of any User Content in any and all media, now or hereafter known.
- No Obligation to Monitor. Company does not control the information delivered to the Site and Forums, and has no obligation to monitor it. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANYs sole discretion. As discussed above, Company will comply with DACA and will appropriately investigate any report of copyright infringement on its Site or Forums reported in accordance with Section I.12 of these Terms.
- Removal of User Content. Company is not obligated to remove any User Content from the Site which does not violate any civil or criminal laws and all User Content is presumed to be contributed by the author/contributor with the intent that Company shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time. If Company discovers communications which allegedly do not conform to these Terms or applicable law, Company will take appropriate action. COMPANY reserves the right to terminate or restrict your access to any Forums and the Site or any portion thereof at any time without notice for any reason whatsoever.
ADDITIONAL TERMS FOR PURCHASES OF PRODUCT AND SERVICES
- Purchase Agreement. By accepting any product or service from Company or otherwise using such product or service, you agree to be bound by these Terms.
- Product Issues; Refund. If you have problems or concerns regarding the Company or your purchases, you may contact us here. We offer a 30 day refund/return policy, no questions asked. You may request a refund within 30 days of purchase. You must contact us by submitting a request here.
- Monthly Subscriptions. By providing your credit card and other information, agreeing to the Terms or selecting the “Purchase” button (or similar such button for monthly subscription) displayed on the Site you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription. You acknowledge and understand that you can cancel anytime by contacting us here.
- Payment Terms; Orders. An order is not binding upon Company until it is accepted; Company must receive payment before it will accept an order. Payment for access to services is due prior to provision of services. Customer can make payment by credit card, or some other method prearranged with Company. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
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