Better Home is a free online real estate Website and App, where you can search for homes for sale, find home prices, see home values, view recently sold homes and schedule property tours.
Updated January 17, 2024
We extend our appreciation for your interest in Better Home and its family of associated businesses (comprising Better Home and its affiliated brands, as outlined in Section 2, collectively known as "Better Home," "our," or "we"). However, unless provided for in your Product's Terms, Better Home assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
By registering or clicking on new account submission button, or by making use of our websites, networks, mobile applications, or any other services provided by Better Home (referred to collectively as the "Services"), or by accessing any content supplied by us through these Services, you hereby consent to be bound by the subsequent terms of usage, subject to periodic updates (referred to as the "Terms of Use").
Unless expressly outlined in the terms of use for a specific Service (referred to as "Product's Terms"), THE SERVICES ARE NOT INTENDED TO offer you any form of financial, legal, or related advice. It is important for you to comprehend and accept that the Services may contain advertisements. To enhance the relevance and utility of these advertisements to you, Better Home may display advertisements rooted in the information we gather through the Services. For further insights, please refer to our Privacy Policy.
Better Home Team is a real estate team, affiliated with Coldwell Banker Realty - Boston Back Bay office. Better Home Team comprises independent contractors who are affiliated with Better Home Team and Keller Williams Realty and hold real estate salesperson or broker licenses in Massachusetts.
A. Better Home Team: is a real estate team, affiliated with Coldwell Banker Realty | Boston Back Bay office. Better Home Team comprises independent contractors who are affiliated with Better Home Team and Keller Williams Realty and hold real estate salesperson or broker licenses in Massachusetts.
B.Better Home App and www.betterhome.boston are services owned and operated by the Better Home Team, with the purpose of assisting users in searching for information about residential real estate listings, including those available for sale, pending sale, sold, for rent, pending lease agreements, or already rented.
C. The property listing data and information are provided to MLS Property Information Network, Inc. from third party sources, including sellers, lessors and public records, and are 'compiled by MLS Property Information Network, Inc. The property listing data and information are for the personal, non commercial use of consumers having a good faith interest in purchasing or leasing listed properties of the type displayed to them and may not be used for any purpose other than to identify prospective properties which such consumers may have a good faith interest in purchasing or leasing. MLS Property Information Network, Inc. and its subscribers disclaim any and all representations and warranties as to the accuracy of the property listing data and information set forth herein. Details provided by MLS PIN may not match the public record.
D. Information regarding residential buildings and amenities is offered for your convenience and is not derived from MLS PIN information. BetterHome, BetterHome.Boston, and Better Home Team explicitly disclaim any and all representations and warranties concerning the accuracy of residential building data and information provided herein. Users, lessees, buyers, sellers, buyer agents, and seller agents are urged to conduct their due diligence.
E.Scheduling A property Tour:When you
schedule a property tour on The BetterHome app or
www.betterhome.boston, a member of the Better Home Team will contact you by
text, email or call to arrange the tour.
During the tour, a Real Estate Salesperson or Real Estate Broker who is a
member of the Better Home Team will meet you at the property and act as a Buyer
Agent representing your interests. If you have already chosen a Real Estate Agent
to represent you, please schedule property tours through your chosen Real
Estate Agent.
It's important to note that scheduling a tour does not imply a commitment to
purchase or lease the property for which the tour is scheduled. Scheduling a
tour does not obligate you to hire the real estate salesperson
or broker provided by the Better Home Team for any property other than the one
for which the tour was requested unless you choose to do so.
F. Role of A Real Estate Licensee: Better Home,
and Real Estate Professionals that are part of the Better Home Team, may assist
you in performing the various tasks in a real estate transaction including but
not limited to property tours, providing information about the property listed
on the website, representing you in the quality of Buyer's Agent, Seller's
Agent for a real estate purchase, lease or sale.
If you are a buyer or seller, you can engage a real estate
licensee to provide advice, assistance and representation
to you as your agent. The Real estate licensee can you as the seller (Seller's
agent) or represent you as the buyer (Buyer's Agent) or can assist you as a facilitator.
All real estate licensees, regardless of the working relationship
with a consumer must, by law, present properties honestly and accurately, and
disclose known material defects in the real estate.
The duties of a real estate licensee do not relieve consumers of
the responsibility to protect their own interests. If you need advice for legal, tax, insurance, zoning, permitted use or land
survey matters, it is your responsibility to consult a professional in those
areas. Real Estate licensees do not and cannot perform home, lead paint, or
insect inspections, nor do they perform septic systems, wetlands
or environmental evaluations. Do not assume that a real estate licensee works
solely for you unless you have an agreement for that relationship.
Our associated brands are as follows, and the utilization of any of the Services offered by these affiliated brands is governed by these Terms of Use: (a) Better Home (b) Better Home Team (c) Better Home Boston
Please be aware that services provided by each of these entities may be subject to supplementary terms of use, which can be found on their respective websites, networks, mobile applications, or in other forms.
A. Affiliated Business Relationship Notice: We want to give you a notice about the business connections between the following entities: Better Home Team, responsible for the operation of betterhome.boston, Real Estate Agents who are affiliated with the Better Home Team and Coldwell Banker Realty. All real estate agents who are members of the Better Home Team are real estate licensees, operating as independent contractors affiliated with Coldwell Banker Realty.
Due to these relationships, any referrals made by Better Home may result in the referred company, its direct or indirect parent (including Better Home), and our respective employees, agents, and brokers receiving financial or other advantages.
To utilize the Services, you must ensure that you meet the minimum age requirement of at least 18 years. By accepting these Terms of Use, you confirm and guarantee the following:
(a) You are at least 18 years of age.
(b) You have not previously faced suspension or removal from the Services.
(c) Your registration and usage of the Services are in compliance with all relevant laws and regulations.
To access specific features of the Services, you might need to register for an account and accept the Product's Terms, if applicable to that particular service. These Product's Terms may either be incorporated within this document or accessible on a separate Better Home website.
During the registration process, you will be asked to provide certain personal information such as your email address, phone number, or other contact details. You are responsible for ensuring the accuracy of this information and for keeping it up-to-date.
Upon registration, you will be required to set a password. It is your sole responsibility to maintain the confidentiality of your account and password, and you are liable for all actions conducted through your account. Sharing your user account(s) with others is not permitted unless you have entered into a commercial agreement with us that explicitly authorizes you to use the Services on behalf of another individual. Otherwise, the Services are intended for your personal use only.
A.Use of the Services. Provided you adhere to these Terms of Use, we grant you a
non-exclusive, limited, revocable, personal, and non-transferable license to use
the Services. You are also permitted to download and use any App (as defined in
Section 4(B) below) on your mobile device for personal use.
If you are a real estate or mortgage professional operating in
your professional capacity, you may also utilize the Services to provide
information, to the extent allowed by applicable law, to your clients and
undertake actions on their behalf ("Professional Use").
Should you use the Services for Professional Use, you guarantee
that you have secured all necessary authorizations and consents from your
clients. These Terms of Use do not grant you permission to use, reproduce,
distribute, display, or provide access to any part of the Services on
third-party websites or in any other manner.
It's important to note that the Services cannot be employed for
commercial real estate transactions, encompassing, but not limited to,
commercially zoned properties and vacation rentals.
>B. Mobile Applications (App): To utilize the features of any mobile
application within the Services (referred to as an "App"), you must
possess a compatible mobile device. We cannot guarantee that any App will be
compatible with your specific mobile device. When using an App, you may consume
mobile data, and your wireless provider may impose additional charges for App
usage.
You acknowledge that you are solely responsible
for any associated charges. We retain the right to update any App and may
automatically electronically upgrade the version of any App installed on your
mobile device.
You provide your consent for all automatic
upgrades and understand that these Terms of Use will be applicable to all
updated versions of an App. In the event that our App
incorporates third-party open-source software, it will be subject to the
relevant open-source license, and you may have the option to access it directly
from the creator under such a license.
Please note that these Terms of Use do not
govern your use of software obtained from a third-party source under an
open-source license.
BY USING THE SERVICES, YOU AGREE NOT TO:
Reproduce, alter, distribute, display, or provide access to,
create derivative works from, decompile, disassemble, or reverse engineer any
aspect of the Services, unless explicitly permitted by the Product's Terms for
that specific service.
Reproduce, publicly display, or make accessible on other websites,
applications, or services any reviews, ratings, or profile information about
real estate, lending, or other professionals, as well as underlying images or
data from real estate listings or other content available through the Services,
unless explicitly permitted for a specific portion of the Services.
Post, reproduce, or publicly display any content that we, at our
sole discretion, consider illegal, offensive, or objectionable, including
content that harasses, discriminates against, demeans, threatens, or disparages
any individual or group.
Remove or alter any copyright or other intellectual property
notices present within the Services.
Use any of the Better Home Companies' trademarks as part of your
screen name or email address on the Services.
Employ the Services in any unlawful manner or in a way that harms
the Better Home Companies, their service providers, suppliers, affiliates, or
any other user. Utilize the Services in a manner that discriminates against any
individual or group protected under federal, state, or local laws, or that may
result in discriminatory effects or promote illegal, racist, or discriminatory
activities or outcomes.
Share or post spam, unsolicited messages, chain letters, pyramid
schemes, or similar communications through the Services.
Assume another person's identity, misrepresent your affiliation
with any person or entity, or provide false representations to third parties.
Disrupt or compromise the system's integrity or security of the
Services or circumvent any protective measures we implement to prevent or
restrict access to the Services.
Conduct automated queries (including screen and database scraping,
spiders, robots, crawlers, circumventing "captcha" or similar
safeguards, or any other automated activity aimed at gathering information from
the Services) on the Services.
Access or utilize any of the Services to develop competitive
products or services. Attempt to, or allow or
encourage any third party to engage in any of the above-mentioned actions.
A. Generally: The
Services contain links to third-party products, services, websites, and
materials provided by third parties. They may also offer features that enable
the sharing of your User Information with third parties not under our control,
referred to as "Third-Party Providers." These Third-Party Providers
are solely responsible for their services.
You bear responsibility for your use of, and submission of User
Information to, any third party. Any transactions or interactions you have with
third parties through the Services are solely between you and the respective
third party.
When you use third-party sites, services, or products, you may be
subject to their terms of use, privacy policies, or other agreements, which you
must adhere to independently. We do not endorse and assume no responsibility
for such products, services, websites, and materials, or for how Third-Party
Providers handle your User Information.
By utilizing a tool that facilitates the transfer of User
Information, you consent to us transferring the relevant User Information or
other data to the corresponding third parties, which are beyond our control.
If you complete a contact form or express interest in contacting a
Third-Party Provider, you may receive telemarketing calls from them using the
contact details you provided. These Third-Party Providers may retain your
contact information and any data received in processing your request. We are
not liable for any damages or expenses arising from your interactions with
these third parties in any way.
B. Certain Third-Party Services:
(i). Referrals: Within the Services, you may be connected with a real estate professional who is a member of the Better Home Team. You grant us permission to make such a referral and acknowledge that we may receive valuable compensation for facilitating this connection. Additionally, as part of the Services, you might be linked to a party that offers mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with Better Home, one or more entities within Better Home may benefit financially or otherwise from the referral between such affiliates.
(ii). Non-Affiliated Financial Products: If you
opt to contact a non-affiliated bank, mortgage lender, financial institution,
mortgage loan originator, loan broker, or other mortgage professional through
the Services by submitting a contact form or expressing your interest in being
contacted by a Third-Party Provider (including requests for mortgage rate
quotes), you authorize Better Home, specifically, to share the information you
provide with the Third-Party Provider.
If you include your name, contact details, and other information
in a request, your identity will no longer be anonymous to the Third-Party
Provider. Please note that your submission of information and any request for
quotes through the Services does not constitute a credit application.
In the case of non-affiliated financial products, Better Home
solely acts as an administrative intermediary for consumers and participating
Third-Party Providers.
Loan approval criteria are determined and maintained exclusively
by individual Third-Party Providers. Decisions related to non-affiliated
transactions are made by participating Third-Party Providers and not by Better
Home, which is not responsible for the underwriting processes or credit
decisions of any Third-Party Provider.
Any non-binding quotes provided by Better Home for the financial
products of Third-Party Providers are not intended to serve as official Loan
Estimates according to the Real Estate Settlement Procedures Act or the Truth
in Lending Act. They also do not constitute a disclosure of specific loan terms
or conditions under state or federal law. Interest rates displayed through the
Services are for informational purposes and represent non-binding quotes of the
terms that a Third-Party Provider might offer to an applicant matching an
anonymous consumer profile.
Actual interest rates may vary. Consumers should exercise their
own judgment in selecting the most suitable loan product, terms, and
Third-Party Provider based on their needs and financial capabilities.
Except as outlined in Section 7.B.i
above or as otherwise disclosed or provided in other Product's Terms, Better
Home:
-Is not a Third-Party Provider, loan originator, loan processor, or
underwriter.
-Does not assist or support applicants in obtaining loans, solicit
applicants or Third-Party Providers for loans, or offer or negotiate
application or loan terms.
-Does not accept mortgage applications, make loans
or credit decisions, or prequalify or preapprove applicants for loans.
-Is not an agent for any consumer or any Third-Party Provider.
-Does not endorse, refer, or recommend any Third-Party Provider
that compensates Better Home, or the products of any such Third-Party Provider.
-Is not responsible for any errors or delays caused by consumers or
any Third-Party Provider in the loan process.
-Does not guarantee the offer of, or acceptance into, any specific
loan program or specific loan terms, conditions, or rates with any Third-Party
Provider, or that any rates or terms will be the most favorable.
C. Additional Terms for Third Party Services: Certain aspects of the
Services include Third-Party tools that are subject to additional Third-Party
terms, including, but not limited to, the following:
Google Maps: Some of the Services implement the Google Maps web mapping
service. Your use of Google Maps is subject to Google's terms of use, available
at http://www.google.com/intl/en_us/help/terms_maps.html,
and Google's Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html
The Services are the sole ownership and operation of Better Home. All elements within the Services, including but not limited to user interfaces, design, information, data, code, and other components (referred to as "Better Home's Materials"), are safeguarded by intellectual property and other legal protections. These materials belong to Better Home or Better Home's Third-Party licensors.
With the exception of the rights expressly granted by these Terms of Use, you are not permitted to utilize Better Home's Materials. Better Home retains all rights to Better Home's Materials and Services that are not explicitly provided in these Terms of Use.
We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any utilization of these images and descriptions is contingent upon obtaining permission from the copyright owner and adhering to applicable legal requirements.
Providing Feedback: Should you decide to offer input and suggestions concerning the Services, including those related to any of Better Home's Materials ("Feedback"), you are hereby granting us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize the Feedback in any manner and for any purpose. This includes using it to enhance the Services or develop other products and services.
We uphold the intellectual property rights of others and expect all users of the Services to do the same. If you believe that your copyrighted work has been reproduced on the Services in a manner constituting copyright infringement, you can notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following details:
(i) Identification of the copyrighted work that you claim has been infringed.
(ii) Identification of the material you claim is infringing and should be removed, along with a description of its location on the Services for the copyright agent's reference.
(iii) Your contact information, including your address, telephone number, and, if available, email address, enabling the copyright agent to communicate with you regarding your complaint.
(iv) A signed statement affirming the accuracy of the provided information, your genuine belief that the identified material's use is not authorized by the copyright owner, its agent, or the law, and, under the risk of perjury, your status as the copyright owner or your authorization to act on the copyright owner's behalf in this situation.
Notices regarding claims of copyright infringement should be directed as follows:
By Mail:>
Better Home Team.
399 Boylston St, Ste 200
Boston, MA 02116
Attention: Copyright
Agent
By Email: sebastien@betterhome.boston
If you choose to notify us of copyright infringement via email, we will initiate an investigation into the alleged infringement. However, we must receive your signed statement by mail or as an attachment to your email before any further action is mandated.
In the event of a violation of any provision within these Terms of Use, your permission to use the Services provided by Better Home will be automatically revoked. Additionally, at our discretion, we may deactivate, suspend, or terminate your account and access to the Services at any time, with or without prior notice. We reserve the right to modify, suspend, or discontinue the Services or any portion thereof without notice.
Please note that we hold no liability for any alterations to the Services or any suspension or termination of your access or use of the Services.
We retain the right to modify these Terms of Use at our discretion on a going-forward basis. We will make reasonable efforts to notify you of any significant changes to these Terms of Use. You also waive any right to receive specific notice of modifications to these Terms of Use. It is your responsibility to routinely review these Terms of Use.
You have the option to deactivate your account at any time by accessing your account settings and selecting "deactivate account," unless otherwise specified in a Product's Terms. If you wish to delete your account and all associated data, you can do so by sending a request for data deletion via email to sebastien@betterhome.boston.
Privacy Policy: Better Home will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult our Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
You consent to indemnify, protect, and
shield Better Home, our affiliated entities, and our respective directors,
officers, employees, and agents against any and all
claims and demands brought forth by any third party as a result of or
related to:
(a) your usage or access
to the Services;
(b) your violation of
these Terms of Use;
(c) your infringement of
any law or the rights of a third party;
(d) any disagreements or
disputes between you and a third party;
(e) your intentional
misconduct; and
(g) any other party's use of the Services
using your account and password.
Better Home reserves the right, at their
own cost, to assume the exclusive defense and control of any matter that would
otherwise be subject to your indemnification. In such a scenario, you consent
to cooperate with Better Home in the defense of the claim.
The Better Home Companies offer the
Services "as is," "with all faults," and "as
available," and all risks regarding satisfactory quality, performance,
accuracy, and effort are assumed by you. To the fullest extent permitted by
applicable law, Better Home and our suppliers do not provide any
representations, warranties, or conditions, whether express or implied. We
expressly disclaim all warranties or conditions, including, but not limited to:
(a)
Merchantability, fitness for a particular purpose, workmanlike effort,
accuracy, title, quiet enjoyment, absence of encumbrances, absence of
liens, and non-infringement;
(b) Warranties
or conditions arising from the course of dealing or usage of trade; and
(c) Warranties
or conditions of uninterrupted or error-free access or use.
No advice or information, whether oral or written, obtained by you through the Services or any materials available through the Services, will create any warranty regarding any Better Home entity or the Services that is not expressly stated in these Terms of Use.
You accept all risk for any damage that may arise from your use of or access to the Services, your interactions with other users, and any materials, including user and Better Home Company materials, available through the Services. You understand and agree that your use of the Services, as well as the use, access, download, or acquisition of materials through the Services and any associated sites or services, are entirely at your discretion and risk. You are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Services) or the loss of data resulting from the use of the Services or the download or use of those materials.
Please note that some jurisdictions may prohibit disclaimers of warranties, and your rights may vary from one jurisdiction to another.
Under no circumstances will Better Home or any of our affiliates be liable for any indirect, consequential, special, incidental, or punitive damages, including damages for loss of profits, goodwill, or any other intangible loss, arising from or related to these Terms of Use or your use or access to the Services or any materials on the Services. This includes situations based on:
(a) Breach of contract;
(b) Breach of warranty;
(c) Negligence; or
(d) Any other cause of action,
Even if Better Home Companies have been informed of the possibility of such damages. To the fullest extent permitted by applicable law, Better Home Companies disclaim any liability or responsibility for:
(a) Errors, mistakes, or inaccuracies of materials;
(b) Personal injury or property damage resulting from your access to or use of the Services;
(c) Unauthorized access to or use of our secure servers and/or any personal information stored therein;
(d) Interruption or cessation of transmission to or from the Services;
(e) Bugs, viruses, Trojan horses, or similar items transmitted to or through our Services by any third party;
(f) Errors or omissions in any materials or any loss or damage incurred as a result of using materials posted, emailed, transmitted, or made available through the Services; or
(g) Defamatory, offensive, or illegal conduct of any third party.
The total liability of Better Home and our affiliates to you for all claims arising from or related to the use of, or inability to use, any portion of the Services or otherwise under these Terms of Use, whether under contract, tort, or any other legal theory, is limited to the greater of:
(1) The amount you have paid to Better Home Companies for the Services in the 12 months prior to the events or circumstances giving rise to the claims; or (2) $100.
Please note that some jurisdictions do not allow the exclusion or limitation of liability for consequential damages, so the above limitations may not apply to you. Each provision of these Terms of Use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks between the parties under these Terms.
This allocation is an essential element of the agreement between the parties. The limitations in this section will apply even if any limited remedy fails its essential purpose.
These Terms of Use are governed by the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Suffold County, Massachusetts for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. Better Home operate the Services from our offices in Boston, and we make no representation that the Services are appropriate or available for use in other locations.
You agree not to export any part of the Services or their direct products from any location unless you comply with all applicable export laws, rules, and regulations, and obtain all required licenses and approvals. These Terms of Use can only be modified through a written agreement signed by authorized representatives of both parties. In the event that any portion of these Terms of Use is found to be invalid or unenforceable, it will be replaced with a valid and enforceable provision that best reflects the original intent, and the remaining terms will remain in effect. The section titles in these Terms of Use are for convenience only and have no legal significance. We have the right to assign this Agreement, in whole or in part, with or without notice to you, while you may not assign these Terms of Use or your rights in the Services. Our decision to not act upon a breach, or to waive a breach, does not waive our right to act in response to subsequent breaches. These Terms of Use, along with any incorporated terms and agreements, constitute the entire agreement between you and Better Home regarding the Services, superseding all prior communications between you and Better Home concerning the Services, except as expressly stated in these Terms of Use.
By using the Services, you acknowledge and agree to receive specific electronic communications from us, as detailed in our Privacy Policy. We encourage you to review our Privacy Policy for a comprehensive understanding. You further acknowledge that any notifications, contracts, disclosures, surveys, or other forms of communication sent to you electronically through the Services fulfill all legal requirements for written communication.
The Services may offer web forms, links, or contact details, including phone numbers, that facilitate connections with Better Home or third parties, such as real estate agents and Third-Party Providers. These communication methods may involve a third-party service ("Communications Service"). For quality assurance, training, or customer service purposes, calls may be recorded or monitored. You will receive prior notification if a call is subject to recording or monitoring, and your consent is implied by continuing with the call.
We utilize the Communications Service to track phone calls and text messages between you and real estate professionals. This tracking enables us and the real estate professional to access specific information about the communication. Throughout this process, real-time data about the call or text message, including its date and time, your phone number, and the message's content, is received and stored by both us and the Communications Service. Your consent to these procedures is implied by your use of the Services. All such information is subject to our Privacy Policy.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
The Services are offered by Bette Home and its affiliates, located at 399 Boylston
St Ste200, Boston MA 02116. You may contact Better Home by sending
correspondence to that address or emailing sebastien@betterhome.boston.
To see a
complete list of Better Home real estate licenses, see Real Estate Licenses.
If you are utilizing our mobile applications on an iOS device, the terms specified in this Section 22 are applicable. It's important to acknowledge that these Terms of Use establish an agreement solely between you and the Zillow Companies and do not involve Apple. Therefore, Apple bears no responsibility for the Services or any associated Materials.
Apple is not obligated to provide maintenance or support services for the Services. In the event that the Services do not conform to any applicable warranty, you can notify Apple, and Apple will refund any applicable purchase price for the mobile application, within the limits allowed by applicable law. Apple has no further warranty obligations regarding the Services.
Responsibility for addressing any claims, whether from you or a third party, related to the Services or your usage of the Services, including product liability claims, regulatory compliance issues, or claims under consumer protection laws, lies outside of Apple's purview.
Apple is not accountable for investigating, defending, settling, or discharging any third-party claims asserting that the Services or your use of the mobile application infringes on their intellectual property rights. When using the Services, you are expected to adhere to any relevant third-party terms.
Apple and its subsidiaries are considered third-party beneficiaries of Section 22 within these Terms of Use. Upon your acceptance of these Terms of Use, Apple possesses the right (and is considered to have accepted this right) to enforce the provisions outlined in Section 22 against you.
Furthermore, you confirm and warrant that: (i) your location is not within a country subject to a U.S. Government embargo, nor listed under Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.