USER AGREEMENT/TERMS AND CONDITIONS
Welcome to PocketListings.net. We provide our services to you subject to the following conditions outlined in this User Agreement. If you visit or join PocketListings.net, you accept these conditions. Please read them carefully. In addition, when you use any current or future PocketListings.net service or visit any business affiliated with PocketListings.net, whether or not included in the PocketListings.net website, you will also be subject to the guidelines and conditions applicable to such service or business.
ACCEPTANCE OF TERMS
When you visit PocketListings.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
PocketListings.net services are only available to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 16 or to temporarily or indefinitely suspended PocketListings.net members. If you are under the age of 16, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.
Furthermore, your PocketListings.net account, Username, and password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, PocketListings.net cannot and does not guarantee each user's purported identity.
USER ACCOUNT, PASSWORD, AND SECURITY
Once you create an account with PocketListings.net, you will receive a username (currently a valid email address), password, and an account. You are responsible for maintaining the confidentiality of your username, password, and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following instructions. You may also set up a new account at your convenience. You agree to immediately notify PocketListings.net of any unauthorized use of your account or any other breach of security known to you.
TYPE OF ACCOUNT
Only Licensed Real Estate Agents with an active license in good standing with their local governing body of real estate (Real Estate Commission, Board of Realtors, Association of Realtors) may join our site and create an account, thereby becoming a "Member" with a "Member Account".
By joining PocketListings.net as a "Member" you state you are a licensed real estate agent and your license is current, active and in good standing, and will remain so for the duration of your membership on PocketListings.net.
POSTS (Pocket Listings and Buyer Needs)
We provide a website for licensed real estate agents to post properties they deem to be their pocket listings, and client wishes they deem to be a "buyer need" (Posts). Pocket Listings commonly referred to as "Off Market" or "Not on MLS" properties or opportunities. We do not take responsibility for the accuracy of a real estate agent's claims or their posts. We do not verify the validity of their claims. We do not collect a commission for posts and we do not regulate commission agreements an agent may offer for procuring a sale from a post on our site. Furthermore, we do not verify or regulate whether our users are abiding by their local Department of Real Estate rules and regulations regarding pocket listings and timeframes for submitting a listing to their local MLS, or agreements to exclude a listing from their local MLS; however our users are expected to abide by their local regulations. Our service is akin to placing a note on a bulletin board and the scope of our responsibility does not extend beyond maintenance and security of our site. We take absolutely no responsibility for the accuracy of statements made in a post and we cannot guarantee the accuracy of any such claims. Participants using PocketListings.net further agree the pocket listings they are posting to our site are NOT listed on any MLS, and if such posts are currently listed on MLS, they will be immediately removed from our site.
All posts are fed in their most basic form to our Twitter account at www.Twitter.com/pocketlistings. Posts are displayed on our Twitter account void of any information shared in the "description", any photos, or any contact information. All posts displayed on our Twitter account will display as follows #City, Property Type, Price, Beds, Baths, Parking, and a link back to the original post on PocketListings.net, followed by our own hashtag #plcity.
We also provide a service whereby members can "share" posts with others. For such services we typically use third party applications. Therefore we cannot guarantee the success of such sharing features or their successful delivery to others.
From time to time we share posts on our blog at blog.pocketlistings.net. If the post and pictures are made "public" by the member, we reserve the right to share those pictures and that post on our blog. All blog entries are fed to our Facebook page at facebook.com/pocketlistings, and our Twitter page at twitter.com/pocketlistings.
Inclusion To PocketListings.net Newsletter
By joining PocketListings.net you agree to allow us to add you and your email to our newsletter delivered to you electronically via email that contains information such as new company milestones, properties of interest, and general information about PocketListings.net and our members. We will never provide your email to third parties, and anybody joining our site for access to your email and contact information will immediately be banned from our site. We encourage you to report any and all behavior not in accordance with the terms set forth in these Terms of Service.
LICENSE AND SITE ACCESS
PocketListings.net grants you a limited license to access and make personal use of our Site, PocketListings.net, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PocketListings.net. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PocketListings.net. 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 PocketListings.net without express written consent. You may not use any meta tags or any other "hidden text" utilizing PocketListings.net’s name or trademarks without the express written consent of PocketListings.net. Any unauthorized use terminates the permission or license granted by PocketListings.net. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PocketListings.net so long as the link does not portray PocketListings.net, or our service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PocketListings.net logo or other proprietary graphic or trademark as part of the link without express written permission.
All content included on this Site and its related posts, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of PocketListings.net and protected by United States and international copyright laws. The compilation of all content on this Site and its related posts is the exclusive property of PocketListings.net and protected by U.S. and international copyright laws. All software used on this Site and its related posts is the property of PocketListings.net and protected by United States and international copyright laws.
"PocketListings.net", "Pocket Listings", "Johny Pocket", "Pocket Listing", "PocketListings", and other marks indicated on our site are trademarks of PocketListings.net, in the United States and other countries. "PocketListings.net", "Pocket Listings", "Johny Pocket", "Pocket Listing", "PocketListings" and other PocketListings.net graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PocketListings.net. PocketListings.net’s trademarks and trade dress may not be used in connection with any product or service that is not PocketListings.net’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PocketListings.net. All other trademarks not owned by PocketListings.net 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 PocketListings.net.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY POCKETLISTINGS.NET ON AN "AS IS" AND "AS AVAILABLE" BASIS. POCKETLISTINGS.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POCKETLISTINGS.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POCKETLISTINGS.NET DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM POCKETLISTINGS.NET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POCKETLISTINGS.NET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us and (as applicable) our parent (F&A Publications, Inc.), subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Furthermore, you agree to indemnify and hold us harmless regarding any and all of your real estate decisions. You agree that the information contained on our site and throughout our posts are the opinions of our "registered" and/or "subscribed" members. You agree to take responsibility for your actions or decisions regarding real estate, and any actions or decisions you make have been entered into on your own accord, separate from any opinion that may or may not have been expressed as part of PocketListings.net’s website or posting service.
This User Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this User Agreement, and all incorporated agreements may be automatically assigned by PocketListings.net, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
PocketListings.net reserves the right, but does not assume the responsibility, to monitor or review your conduct on PocketListings.net. Your use of PocketListings.net is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through PocketListings.net; (2) not to use PocketListings.net for illegal purposes; (3) not to interfere or disrupt networks connected to PocketListings.net; (4) and to comply with all regulations, policies and procedures of networks connected to PocketListings.net. PocketListings.net makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures.
You agree not to: (1) use PocketListings.net in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); (2) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) transmit through PocketListings.net any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; (4) invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using PocketListings.net; (5) transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (6) interfere with another member's use and enjoyment of PocketListings.net or another entity's use and enjoyment of similar services; (7) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (8) publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (9) advertise or offer to sell or buy any goods or services for any non-personal purpose; (10) create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; (11) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a member of PocketListings.net any directory of PocketListings.net’s members or other member or usage information or any portion thereof other than in the context of member's use of PocketListings.net as permitted under the Terms and Conditions; (12) transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (13) interfere with or disrupt networks connected to PocketListings.net or violate the regulations, policies or procedures of such networks; (14) attempt to gain unauthorized access to PocketListings.net, other accounts, computer systems or networks connected to PocketListings.net, through password mining or any other means; (15) contact any member, subscriber, agent, broker or user of PocketListings.net for any other reason than to inquire about a specific post or obtain property information held by the individual or entity that posted said content ; (16) or engage in any other conduct which, in PocketListings.net's sole discretion, is considered unauthorized or objectionable.
If a dispute arises out of your use of PocketListings.net or a breach thereof, by accepting these terms, you agree to first attempt in good faith to settle the dispute by non-binding mediation under the rules of the AAA (American Arbitration Association) or JAMS (Judicial Arbitration and Mediation Services) before resorting to court action or binding arbitration. A mediator tries to find a mutually acceptable resolution to a dispute and does not impose a settlement on the parties. Mediation fees shall be paid equally by PocketListings.net and you. This paragraph shall not apply to any disputes if the amount in controversy is within the jurisdictional limits of the Small Claims Court.
Any further dispute or claim in law or equity arising out of your use of PocketListings.net or any resulting transaction shall be decided by neutral binding arbitration in accordance with the rules of the AAA, JAMS (determined by the first filing party) and not by court action except as provided by California law for judicial review of arbitration proceedings. The parties shall have the right to discovery in accordance with Code of Civil Procedure 1283.05. Arbitrators can award compensatory damages, punitive damages, and/or order specific performance, injunctive relief and declaratory relief. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
NOTICE: BY JOINING POCKETLISTINGS.NET YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ABOVE STATED PARAGRAPH DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY ACCEPTING OUR TERMS AND CONDITIONS YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
Either party may terminate the account or membership with or without cause at any time and effective immediately upon written notice to the other party, subject to PocketListings.net’s Refund Policy PocketListings.net may terminate the account or membership with or without cause at any time and effective immediately, at PocketListings.net’s sole discretion, including but not limited to immediate termination of your use of PocketListings.net should your conduct fail to conform with these terms and conditions, including but not limited to the terms set forth in "User Agreement". PocketListings.net shall not be liable to you or any third party for termination of account or membership. Should you object to any of these terms and conditions or any subsequent modifications thereto or become dissatisfied with PocketListings.net in any way, your only recourse is to immediately: (1) discontinue use of PocketListings.net; (2) terminate PocketListings.net account or membership; and (3) notify PocketListings.net of termination. Upon termination of the account or membership, your right to use PocketListings.net and our software shall cease immediately. You shall have no right and PocketListings.net will have no obligation thereafter to forward any unread or unsent messages to you or any third party.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These Terms and Conditions represent the complete and exclusive agreement between you and PocketListings.net. The terms and conditions contained in this User Agreement may not be modified by you.
HOW TO CONTACT PocketListings.net
PocketListings.net San Francisco, CA 94121 We can be reached via email at email@example.com