Terms and Conditions – Pocket Deed

Terms and Conditions

Listing Policy & Guidelines Privacy Policy

The submission of information to, and use of, the real estate information services (collectively, the “Service”) available through the Pocket Deed website (located at http://www.pocketdeed.com) is subject to the following terms and conditions (the “Terms and Conditions” or the “Agreement”). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (“Customer”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Pocket Deed LLC. You also agree to the Pocket Deed Listing Policy & Guidelines (the “Listing Policies”) and Privacy Policy.

If you do not agree to these Terms and Conditions and to the Listing Policies and Privacy Policy, do not submit information to, or access information from, the Service. Pocket Deed may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Pocket Deed website.

GENERAL PROVISIONS

Membership Privileges

Membership privileges are granted by Pocket Deed to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the Pocket Deed website without express written permission from Pocket Deed, and by registering for a membership, you represent and warrant that you are not a competitor of Pocket Deed or acting on behalf of a competitor of Pocket Deed in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Pocket Deed. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete and current. Pocket Deed requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the system. Members are not permitted to share their individual logon information with others. Pocket Deed has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Pocket Deed website, or abuses their rights related to the Pocket Deed service. Upon registration for either a broker or buyer account, the user becomes a Free Member.

Pocket Deed utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Pocket Deed the permission to communicate with customers via email (as well as other communication channel such as phone) for any purposes Pocket Deed determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Pocket Deed will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Pocket Deed have any liability for sending any email to its registered users/customers. By becoming a member of Pocket Deed LLC, you acknowledge and agree that Pocket Deed LLC and its corporate affiliates may record telephone and other electronic communications it has with you for Pocket Deed LLC’s internal business purposes, including but not limited to training and quality assurance purposes.

Submission and Administration of Listings

Customer has had and shall have the opportunity to submit to Pocket Deed property descriptions, photographs, images, graphics and financials, contact or other information (collectively, the “Submitted Content”) for each listing on Pocket Deed. You represent and warrant that (a) you own or have the full right, power and authority to grant to Pocket Deed use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to Pocket Deed; (b) your license of such content to Pocket Deed hereunder does not, and the use or license of such content by Pocket Deed to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content; (d) the practice and promotion of ‘pocket listings’ does not infringe on any state laws or MLS rules you as a user may be subject to. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, Pocket Deed acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant Pocket Deed and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Pocket Deed may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by Pocket Deed and its affiliates). Customer agrees not to submit any Submitted Content to Pocket Deed unless the Customer has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on the Customer’s website or on Pocket Deed’s website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the Pocket Deed website.

The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Pocket Deed website. Customer shall not use robot, spider or other automated service to submit listings on the Pocket Deed website. Additionally, the Customer agrees to allow submitted property listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the Pocket Deed website and other Pocket Deed partner or affiliate websites. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Pocket Deed website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement.

The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the Customer’s website or on the Pocket Deed website. The Customer is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Pocket Deed. Pocket Deed may add digital watermarks to certain parts of your property listing, including photographs. Customer agrees that Pocket Deed may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings as having been supplied to the Customer. Customer accepts that this is a legitimate and lawful security precaution on the part of Pocket Deed, and accepts further that in the event that any third party has access to property listings that can be identified as having Customer’s unique adjustments a prima facie breach of security and of these Terms of Use on the part of Customer may be assumed by Pocket Deed.

Use of Information

Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Pocket Deed. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Pocket Deed. Pocket Deed does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.

Pocket Deed articles, blog information, reports, financial calculator, property financial information and any and all Content offered by Pocket Deed to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY POCKET DEED, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer shall limit access to and use of active property listings, Property Facts, and Property Comps information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the Pocket Deed Service as part of any effort to compete with Pocket Deed, including without limitation using the Pocket Deed Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Pocket Deed customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Pocket Deed Service. Customer shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy Pocket Deed products, services or information; decompile, decode or reverse engineer Pocket Deed software; or use Pocket Deed products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

Passwords/Logins

Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Pocket Deed is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in this agreement.

Payment Terms

Pocket Deed is free for use by both buyers and brokers.

Dual Agency Disclosure

Real estate dual agency is not legal in every state. As a licensed real estate broker, it is the broker’s responsibility to verify if this is a legal business practice in their respective state. Pocket Deed shall in no way be responsible or liable for any damages or litigation from any Customer not behaving in accordance to the local real estate agency laws. Also, it is the broker’s responsibility to assure that by using Pocket Deed, they are not in violation with any MLS rules they may be subject to.

Unsolicited Commercial Email (Spam)

Pocket Deed prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Pocket Deed has the right to revoke the privileges of any customer or company that breaches these terms.

Termination

Pocket Deed reserves the right to terminate or suspend a Customer’s membership upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Pocket Deed services, nonpayment of fees owed by you in connection with Pocket Deed or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Pocket Deed shall have no obligation to maintain or forward any content in your account.

Ownership and License Grant

Pocket Deed retains all rights and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Pocket Deeds technology or delete or alter author attributes or copyright notices. Customer shall use the Pocket Deed system solely for their own individual use and shall not share passwords with others or allow others to use the Pocket Deed system under or through that Customer’s login ID/email and password; nor shall Customer use the Pocket Deed system to list properties or conduct searches on behalf of other non-customer brokerage, research, analyst, sales or other similar personnel.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL POCKET DEED BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF POCKET DEED’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT.

Customer’s exclusive remedy, and Pocket Deed’s entire liability under this Agreement shall be a refund to Customer of the fees paid to Pocket Deed hereunder, and in no event will Pocket Deed’s liability for any reason exceed such fee. Pocket Deed (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Pocket Deed (and Pocket Deed’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Warranty Disclaimers

THE LISTINGS, SERVICE, AND PROPERTY FACTS INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. POCKET DEED MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, OR PROPERTY FACTS INFORMATION INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND POCKETDEED SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. POCKET DEED MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO POCKET DEED’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM POCKET DEED’S WEBSITE , INCLUDING LISTINGS, SERVICE, AND PROPERTY FACTS INFORMATION IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POCKET DEED OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Maps and Directions Disclaimer

The maps and directions information provided by Pocket Deed have been obtained from sources believed reliable, including Google Maps. Google Maps is supplied by Google Inc, and its use is subject to Google’s applicable Terms of Use. While Pocket Deed does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither Pocket Deed nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer’s use of and/or reliance on Customer’s use of Pocket Deed’s information, products or services.

Links to Third Party Sites

This website may contain hyperlinks to other websites operated by parties other than Pocket Deed and its subsidiaries which are beyond Pocket Deed’s control. Parties other than Pocket Deed may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Pocket Deed’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Pocket Deed site. Pocket Deed does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Pocket Deed does not assume any liability for the actions, product, and content of all of these and any other third parties. Pocket Deed makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the Pocket Deed site, the site you will land on is not controlled by Pocket Deed and different terms of use and privacy statements may apply. Pocket Deed also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of Pocket Deed LLC

Customer agrees that Pocket Deed shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Pocket Deed customers and partners. Pocket Deed shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Pocket Deed shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. Pocket Deed reserves the right to modify or change any and all terms and conditions at any time.

If you believe that your work has been copied onto Pocket Deed in a way that constitutes copyright infringement, please provide Pocket Deed’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Pocket Deed that your copyrighted material has been infringed.

An electronic or physical 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 Pocket Deed, with identifying information for the listing, if applicable;
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;
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.

Email Address for Pocket Deed’s copyright agent: pocketdeed@gmail.com

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

Brokers and Agents

Any Customer who identifies himself or herself as a broker or agent on the Pocket Deed website member registration form hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. Pocket Deed does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Pocket Deed website.

Governing Law; Customer Right to Arbitrate

This Agreement, and the Deliverables provided by Pocket Deed, shall be governed by the laws of the State of Oregon, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Multnomah County, Oregon for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Pocket Deed, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of Pocket Deed to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Pocket Deed.

We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only. Your personal information is secured via SSL (Secure Socket Layer) Technology.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

Contact Email: admin@pocketdeed.com

Last Updated: May 18, 2016