LAST UPDATED 3/1/2022
These Terms of Use & User Agreement (“Terms”) constitute a contract enforceable under law. Your use of the Services means that you agree to these Terms included herein. Your continued use of the Services after any changes made to these Terms constitutes your acceptance of those new terms. These Terms include the provisions in this document and those in the Privacy Policy. These Terms apply to all users including Sellers, Selling Agents, Buyers, other registered or unregistered users. Each Seller, Selling Agent, Buyer is required to assent to these Terms.
NOTICE: PLEASE REVIEW THIS CAREFULLY. These terms impact your legal rights and they contain, among other provisions: a class action and class arbitration waiver; a venue and choice of law provision; and an arbitration agreement.
Definitions
“You” means any registered or unregistered user of www.pockethomes.io or associated software platforms or applications.
“We” or “us” or “pocket” means pocket Real Estate, Inc. the legal entity and its officers, owners, employees, agents, lawyers, accountants, successors, assigns, affiliates, subsidiaries and third-party beneficiaries of this agreement.
“Services” mean how pocket, through its various online or application platforms, connects those offering homes for sale (“Sellers”) and those looking to acquire homes (“Buyers”) and facilitates the offer and acceptance process between the parties and/or their respective agents. The Services act as a meeting place only; the actual contract for the purchase and sale of Real Property on the Services is directly between the Seller and the Buyer whose offer is accepted. pocket shall not be considered a party to the Purchase and Sale Agreement between Buyer and Seller. We do not transfer legal ownership of items from the Seller to the Buyer. We do not prepare any type of deeds on behalf of Buyer or Seller; nor does pocket prepare real estate excise tax affidavits, if applicable in the State where the Real Property exists. Please consult your legal counsel, certified public accountant, or financial advisor for advice on the same. Likewise, pocket does not provide, tax, financial planning, or legal advice. pocket’s services are not that of an auctioneer. pocket does not call bids or receive them. Buyers use the platform on to transmit live offers and receive feedback. pocket does not have any agency to bind a Seller to a certain price.
“Seller’s Agent” means the Seller’s representative who is (1) a licensed real estate agent in the state in which the Property is located; and (2) is assisting the Seller who is selling the Property (through use of pocket’s services) by virtue of an exclusive listing agreement or similar agreement with Seller that is valid in the State in which the Selling Agent is licensed and the property is located.
“Inspector” or “Third Party Inspector” means the individual or entity who performs a superficial inspection of the Property through typical or ordinary means in the residential home inspection industry in the state in which the Property is located. The Inspector or Third-Party Inspector is not an employee, agent, officer, or owner of pocket. pocket disclaims any and all liability for damages caused by Inspector.
“Inspection report” or “Third-Party Inspection Report” means a written report on the general state of the Property that is prepared by the Third-Party Inspector and made available for general information purposes for users of pocket’s services. As set forth herein, the Inspector or Third-Party Inspector is not an employee, agent, officer, or owner of pocket. pocket disclaims any and all liability for damages caused by Inspector or due to users’ reliance on the Inspection Report.
“The Property” means the Real Property listed for sale that is owned by the Seller. (See Seller’s representations and warranties regarding ownership for additional information).
pocket Makes No Representations or Warranties Regarding Any Specific Property.
pocket is only responsible for connecting Buyer(s), Seller(s) and Sellers’ Agents and providing a platform to aggregate and summarize all offers submitted for a listed property. Buyers are responsible for making their own determinations that the Seller’s home is suitable in all respects for their needs. pocket cannot and will not be responsible for confirming that any home is up to a certain subjective or objective standard of quality, factually or legally. pocket can’t and won’t be responsible for ensuring that information a Seller (or Seller’s Agent) provides about any Property he or she is placing on pocket is accurate or up to date.
pocket makes no warranties regarding the fitness of any particular Property that is on the site. In this regard, pocket hereby disclaims any responsibility and liability for the Seller’s home, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. pocket cannot and will not be responsible for ensuring that information any Buyer or Seller provides about each other is accurate or up-to-date.
Disclaimers And Limitations Of Liability With Regard To The Inspection Report.
As a general goodwill courtesy to the Parties, pocket enlists the services of third-party inspectors to provide a preliminary and general inspection report in an attempt to provide the Buyer (or potential Buyers) with limited information about the Property in addition to the 3D tour and pictures and related information that is provided by the Seller and/or Selling Agent. This Inspection Report is provided solely as a courtesy to the Buyer. In the event there is any discrepancy or inaccuracy between the Inspection Report and the physical condition of the Property, then Buyer and Seller and Seller’s Agent (if one exists), successors, and assigns agree to waive any and all legal claims arising therefrom against pocket. Rather, Buyer and Seller and Seller’s agent (if one exists), successors, and assigns hereby agree that any claims for damages (or injunctive relief) related to the Inspection Report may only be maintained against the third-party inspector.
As such, You hereby agree that pocket disclaims, and User waives, any claims and damages arising from the failures, errors or delays of the Third-Party Inspector in connection with the provision of the Third-Party Inspection Report provided in connection with the Services under this Agreement and the pocket platform. pocket MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE INSPECTOR’S CAPACITY OR THE THIRD-PARTY INSPECTION REPORT, INCLUDING BUT NOT LIMITED TO, IMPLIED CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR MERCHANTABILITY. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO BIND THE COMPANY TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY EXCEPT AN AUTHORIZED OFFICER OF THE COMPANY PURSUANT TO A SIGNED WRITTEN AGREEMENT.
Terms of Sales Period
The “Sales Period” is the time in which the Seller and Seller’s Agent (if one exists) have agreed to use pocket’s services in an attempt to obtain an acceptable offer from a Buyer. Parties’ Representations About Post-pocket Transaction.
pocket cannot and will not control the parties’ conduct after the Seller has accepted an offer from a Buyer to purchase the Property. Indeed, as set forth herein and elsewhere, pocket is only responsible for connecting buyers and sellers and providing a platform to aggregate and summarize all offers submitted for a listed property. Any obligations for disclosures, warranties, etc. remain with the Seller and Seller’s Agent (if one exists) and do not transfer or extend to pocket. Each Seller agrees they’ll make all appropriate and commercial reasonable efforts to complete the sale of their home if there is an accepted offer. Each Buyer agrees if they make the highest bid and the Seller accepts a written offer from Buyer, then they will make all reasonable efforts to complete the purchase of the home through execution of a Purchase and Sale Agreement (and subsequent performance thereon). Buyer and Seller are responsible for all applicable government fees and taxes for any subsequent home sales. The parties understand that bids made through the pocket platform do not constitute valid legal offers to purchase.
Will these Terms ever change?
pocket reserves the right, at its sole discretion, to modify, discontinue, or terminate the site or services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification via text or electronic mail or website notification or similar means of communication. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the site or services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the site and services.
Eligibility
The site and services are intended solely for persons who are 18 or older. Any access to or use of the site or services by anyone under 18 is expressly prohibited. By accessing or using the site or services you represent and warrant that you are 18 or older.
We do not collect information from children under 13. If we discover we have, we will delete it. We follow all applicable legislation (e.g., The Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, “COPPA,” and other applicable legislation).
What are the basics of using pocket platform (or services)?
Users Shall:
- Create an account;
- Provide accurate information;
- Agree they are legally allowed to register as a user and enter into agreements and contracts;
- Provide confirmation of factual and legal authority in the event the user is representing an organization;
- Agree they are acting on their own accord and not representing another person(s) who would otherwise be able to register as a user;
- Comply with all laws that apply to you, and your use of the services;
- Agree pocket can’t and won’t be responsible for your using the services in a way that breaks the law;
- Agree not to share your pocket User ID, account, or password with anyone. You are responsible for any activity associated with your pocket User ID and account.
Are there restrictions in how I can use the Services?
You agree you will not use the services in a manner that:
1. infringes or violates intellectual property (e.g., patent, trademark, and the like) rights or any other rights of others;
2. is dangerous, harmful, fraudulent, deceptive, or threatening, including the creation of multiple accounts to cheat the offer system;
3. Jeopardizes the security of your pocket User ID, account, or password, or anyone else’s;
4. attempts to obtain the password, account, or other security information of others
5. violates the security of any computer network, runs Maillist, Listserv, any form of auto-responder or “spam” on the services;
6. copies or stores any significant portion of the content; or decompiles, reverse engineers, or attempts to obtain the source code or underlying ideas relating to the services.
7. contain sexually explicit content or pornography, including child pornography;
8. contain hateful, defamatory or discriminatory content or incite hatred against any individual or group;
9. exploits minors;
10. depicts unlawful acts or extreme violence;
11. violates any law.
The above constitutes a non-exhaustive list that is subject to change. pocket will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. pocket may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the site, services or collective content or to review or edit any collective content. You further acknowledge that we have the right to monitor your access for the purpose of operating the site and services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any collective content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the site or services.
How may I use information obtained from other users?
You shall only collect and use data of others to help you perform due diligence and utilize the services. You will treat information collected with confidence and care and obey all laws pertaining to Data Protection and Privacy.
What are my rights in the Services?
The materials displayed through the Services (the Content) are protected by copyright and/or other intellectual property laws. You understand that pocket owns the Services.
You promise to abide by any and all applicable copyright/trademark rules, laws, and regulations. You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including pocket’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.
Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from pocket. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services.
What about anything I contribute to the Services – do I have to grant any licenses to pocket or to other users?
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant pocket certain rights in those User Submissions. Please note that all of the following licenses are subject to pocket’s Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
By submitting User Submissions through the Services, you hereby grant pocket a worldwide license to use the User Submissions in connection with its platform. You also grant each user of the Services a non-exclusive, perpetual license to access your User Submissions through this site. The foregoing license granted to pocket and its users does not affect your ownership or license rights in your User Submissions. You represent that you have all rights to grant such licenses to pocket without infringement of any other rights, laws or trademarks. You understand and agree that pocket may need to make changes to your User Submissions to conform to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Section Title
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Who is responsible for what I see and do on the Services?
Any posted information is the sole responsibility of the poster.
You access all information and content at your own risk.
pocket is not liable for any errors or omissions, or for any damages or loss you might suffer.
pocket is not responsible for how users interpret data.
pocket can’t guarantee the identity of any users with whom you interact.
You are responsible for all content you contribute, and you represent you have all rights necessary to do so.
The Services may contain links or connections to third-party websites. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that pocket is not responsible for such risks.
pocket has no control over third-party websites or interactions you may have with them.
You release and hold pocket harmless from any and all liability arising from your use of any third-party website or service.
You agree pocket has no obligation to get involved in disputes between you and any third-party service provider.
Do the Services cost anything?
It is generally free to register for the Services. Certain aspects of the Services may require a fee. We reserve the right to charge for certain or all services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Prohibition on Offers to Buy and Sell Outside of pocket’s Services/Platform.
Offering to buy or sell outside of pocket is not allowed and is considered a violation of these Terms of Use/User Agreement. Buyers and sellers also can’t share contact information, including email addresses and phone numbers, prior to completing a transaction on pocket. Contacting another pocket member to discuss moving a purchase off pocket exposes both the buyer and seller to the risk of fraud.
Offers to buy or sell outside of pocket are a potential fraud risk for both buyers and sellers, as well as the sellers agent. Additionally, pocket has invested a great deal to connect interested buyers with great sellers and we want to participate in ongoing transactions with them.
Buyers and sellers can’t:
– Engage in any action with a user on the site designed to complete or facilitate a transaction outside of pocket for any purpose.
– In any communications with another pocket member, refer to or promote external websites that facilitate sales outside of pocket
– Use contact information obtained through an pocket transaction to offer to buy or sell a Property outside of pocket
– List a Property and then mention or link to additional Properties you own for sale outside of pocket.
Activity that doesn’t follow pocket policy could result in a range of actions including canceling listings, hiding or demoting all listings from search results, blocking some or all of your messages/communication with other members, lowering seller rating, buying or selling restrictions, account suspension, application of fees (if applicable), and recovery of expenses for policy monitoring and enforcement. If applicable, all fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
If you receive an offer from a buyer to transact outside of pocket, please report it to protect yourself and to protect pocket’s services, which are valuable for buyers and sellers.
What if I want to stop using the Services?
Users of pocket’s Services are free to cancel their use of the Services including removing their Account from the Platform at any time by contacting pocket directly at [email protected]. Account termination may result in destruction of any content associated with your account. pocket is free to terminate your account for any reason in our discretion, including your breach of these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination.
Can pocket Terminate, Cancel, or Suspend my Account?
Any abuse or appearance of abuse of pocket or its platform and/or Services in any way pocket may, at its sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, and take technical and/or legal steps to prevent you from using our Services, and to recover any damages sustained by pocket as a result of your violation of this User Agreement.
If we believe you are violating our policies prohibiting offers to buy or sell outside of pocket, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of pocket, you may be liable for payment of any and all fees associated with that Property.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
No auction services
We do not transfer legal ownership of items from the Seller to Buyer. pocket is not an auctioneer or an auction house. pocket is a service platform through which live real estate bids are aggregated and compiled for the benefit of the buyer, seller and seller’s agent (if one exists).
Brokerage services
pocket Real Estate, Inc. is the parent company of a residential real estate brokerage, Pocket LLC doing business as both Pocket and Pocket Homes IO (known here as “pocket Brokerage”).
This brokerage has contractual relationships with certain multiple listing services (MLSs) that allow them to show you certain pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:
- to use this data only for personal use, and not for commercial uses;
- that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and
- that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.
In certain service areas, you may have the option to be represented by an agent at a pocket Brokerage (a “pocket Agent”) in your home purchase or sale.
General Warranty Disclaimer
pocket makes no representations or warranties concerning the Services, including without limitation regarding any content, accuracy, copyright compliance, legality, or decency of material, or any claims, expenses, damages or liabilities arising out of use of the Services.
pocket makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services including, any Seller homes. Whether a Seller home is sold with or without a warranty (“as-is”) is a matter of contract between the Seller and the Buyer.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER pocket OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT pocket HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL POCKET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN pocket AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Release and Indemnity.
You agree to indemnify and hold pocket harmless from and against any claims arising from (a) your use of the Services; and/or (b) your violation of these Terms.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold pocket (including its affiliates and subsidiaries, as well as its respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations without pocket’s prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without your prior written consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and permitted assigns.
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND POCKET HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes Section, the term “related third parties” includes your and pocket’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, pocket’s, and these entities’ respective employees and agents.
You and pocket agree that any claim or dispute at law or equity that has arisen, or may arise, between you and pocket (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of pocket or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Washington, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and pocket, except as otherwise stated in this User Agreement. Any disputes arising as to the enforceability of this Legal Dispute provision, or the below Agreement to Arbitrate, are specifically reserved for the determination of the Arbitrator, as applicable.
B. Agreement to Arbitrate
You and pocket each agree that any and all disputes or claims that have arisen, or may arise, between you and pocket (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of pocket or its agents, or any products or services sold, offered, or purchased through the use of our Services shall be resolved exclusively through final and binding arbitration, rather than in court.Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (“FAA”), and to the extent not inconsistent with the FAA, the laws of the State of Washington, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND POCKET AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND POCKET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and pocket’s right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration Procedures Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid notice outlining the dispute with attachments to pocket Real Estate, Inc., Attn: Litigaton Department, 6234 Flora Ave S, Seattle Washington 98108. pocket will send any notice to you to the physical address we have on file associated with your pocket account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign any demand or notice and provide a full basis for the claim, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and pocket are unable to resolve the claims described in a valid Notice within thirty (30) calendar days after pocket receives that Notice, you or pocket may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to pocket at the following address: Legal Department – 6234 Flora Ave S, Seattle Washington 98108. In the event pocket initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your pocket account. Any settlement offer made by you or pocket shall not be disclosed to the arbitrator.
If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in King County, Washington, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $10,000.00, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or pocket may attend by telephone or Zoom (or any other audio-visual platform), unless the arbitrator requires otherwise. The language of the arbitration will be English, although the Consumer may request a translator to be present. To request a translator, please contact AAA directly.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same pocket user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No appeals of any kind may be taken.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, pocket will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by pocket should be submitted by mail to the AAA along with your Demand for Arbitration and pocket will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse pocket for all fees associated with the arbitration paid by pocket on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
4. Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO POCKET REAL ESTATE INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 6234 Flora Ave S, Seattle Washington 98108.
You must complete and mail a notice informing us that you want to opt out in order to opt out of the Agreement to Arbitrate. In order for us to process your opt-out notice, you must provide your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the pocket Service account(s) to which the opt-out applies. You must sign the your notice for it to be effective, in order for us to properly identify you. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Opting out of the Agreement to Arbitrate does not mean that you opt out of your waiver of your right to participate in any class action and collective action proceedings, as a class member or as a purported class representative. All other terms of this Legal Dispute agreement apply.
6. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against pocket prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and pocket. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.pockethomes.io at least 30 days before the effective date of the amendments and by providing notice through the pocket Message Center and/or by email and/or other applicable means. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
All claims or disputes that are not subject to the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in King County, Washington. You and pocket agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims, disputes, or matters.
YOU AND POCKET WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and pocket are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and pocket over whether to vacate or enforce an arbitration award, YOU AND POCKET WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge, in the event that the Agreement to Arbitration is found not to apply.
Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. pocket reserves the right to collect any and all applicable taxes, duties, and/or other governmental assessments, at any point in time, from you, and you agree to pay the same, at any point in time, including after the close of pocket’s services and/or the subsequent transaction between the Buyer and the Seller.
If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect.
You and pocket agree that these Terms are the complete and exclusive statement of the mutual understanding between you and pocket.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of pocket.
Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), pocket has implemented procedures for receiving written notification of claimed infringements. pocket has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your email address and your mailing address and/or telephone number;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to pocket Real Estate, Inc’s Copyright Agent as follows:
pocket Real Estate, Inc.
ATTN: Copyright Agent
Legal Department
6234 Flora Ave S, Seattle Washington 98108
Counter-Notice
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
1. Your physical or electronic signature;
2. Identification of the material removed or to which access has been disabled;
3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
4. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Washington, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to pocket, Inc’s Copyright Agent via mail to the address specified above.
Selling Agreement
By clicking “Agree” below, you hereby represent and warrant that you fully understand and agree that:
– You have read, understood, and clicked “Agree” to the Terms of Use, thereby assenting to the terms therein.
– The Terms of Use are incorporated herein by reference.
– The Terms of Use contain important clauses that impact your legal rights, including but not limited to: an arbitration agreement, a class action waiver, a class arbitration waiver, a choice of law provision, and various warranty disclaimers and limitations of liability and releases, as well as indemnification responsibilities.
By clicking “Agree” below, you hereby represent and warrant that you:
1. Are above the age of eighteen (18);
2. Have legal capacity to enter into legally binding contracts;
3. Are a the owner of the Property or a duly authorized licensed real estate agent in good standing with all applicable regulatory bodies of the state in which the Property is listed;
As to Seller(s) and the Property
By clicking “Agree” below, you hereby represent and warrant that:
– As an agent you have received a preliminary title report and have confirmed that the Seller(s) is the legal and true owner of the Property, or is a valid, authorized representative of a legal entity that owns the Property and has unanimous consent of said legal entity to sell the Property. In this regard, you warrant, represent, and promise that at least one of the following is a true and accurate statement:
– The Seller(s) holds the title in fee simple by themselves; and/or
– The Seller(s) are joint owners or tenants in common or the like and all owners are in 100% agreement to sell the Property; and/or
– The Seller(s) are the present title holder to the property that is financed and that a sale to a third party will not violate the terms of any agreement with the lienholder or any other owners, as applicable; and/or
– The Seller(s) and Property are not presently under contract for sale with any third party; and/or
– The Property is not currently listed for sale on any other real-time pricing or offer platform site; and/or
– The Property is not currently in judicial or non-judicial foreclosure.The Seller(s) is above the age of 18 and competent to execute legal contracts.
– You have a valid and legally enforceable exclusive real estate agent selling/listing agreement (or similarly termed document) with Seller(s) and has uploaded a copy of the same to pocket for pocket’s records, and that such real estate agent selling/listing agreement (or similarly termed document) is not violative of, and is compliant with, any and all local, state, or federal regulations, restrictions, codes, or laws that apply to such agreements.
– The Seller(s) have executed a written agreement or statement that they consent to use of pocket for receipt of offer prices, understand pocket’s services, and consent to the exclusive sales period time frame.
– Use of pocket’s service will not violate any equitable, legal, or contractual rights of any third party who may claim an interest in the Property.
Your Understanding of pocket’s Services.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– pocket is not an auctioneer, nor is pocket hosting, facilitating, or running any type of auction;
– pocket does not remove any agency of the Seller(s) – that is, the Seller(s) can decide whether to sell or not sell, subject to the Terms of Use and these Representations and Warranties.
– The receipt of “offers” or “pricing offers” by prospective purchasers does not constitute legal and enforceable contracts.
– You agree to engage in ongoing communication with your client regarding our services as well as any prices offered on the platform. You will promptly discuss any and all comments, feedback, offers, and the like with your client in furtherance of your legal and ethical realtor requirements.
– You understand that pocket does not offer legal, tax, or financial advise and does not prepare:
– Deeds;Excise tax affidavits;
– Deeds of trust;
– Mortgages;
– Promissory notes; or
– Any other legal instrument of finance or property transfer.
– The parties are responsible for the payment of any and all sales and use taxes and that pocket and/or pocket’s agents are authorized to collect said sales and use taxes at any point in time, including at any point in time after the transaction is closed.
pocket’s Intellectual Property and Services and Reimbursement of Costs.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– pocket will cover the initial costs of the following:
– Performance of an inspection by a third-party inspector (which shall be selected and designated at pocket’s sole discretion);
– Preparation of an inspection report that will be uploaded onto pocket’s site for use by prospective buyers during the sales period;
– Matterport 3D imaging; and
– Photography for the listing, including in some cases aerial drone photography if agreed to by the parties.
– The inspection report, Matterport 3D imaging, and photography are the intellectual property of pocket and cannot be used without pocket’s permission.
– It is your and the Seller(s)’s responsibility to ensure that the inspection report is accurate, not pocket.
– pocket has invested or will invest significant time and effort into assisting you and your with the potential sale of the home.
– You have obtained your Client’s (the owner’s) written and signed consent to use pocket’s online services platform for the entire duration of the sales period. You are required to produce this written and signed consent to pocket to use the platform.
– You and your client have identified the “breakpoint price,” which is the offered purchase price at which the risk of loss is shifted from pocket to Seller(s) and selling agent. If the “breakpoint price” is reached during the sales period, and the Seller(s) decides not to sell the home for any reason at all, including not selling to the prospective purchaser who offers the highest price, then the Seller(s) and Selling agent shall reimburse pocket $1,500.00, which are the estimated costs of preparing the listing with the service set forth above. Note, if aerial photography is included in your package, then the breakpoint price shall be $2,000.00.
– You hereby represent and warrant that you have explained the same in writing to the Seller(s), and they agree to such reimbursement.
– If the “breakpoint price” is not reached during the sales period, then Selling Agent and Seller(s) do not have to reimburse pocket $1,500.00 and may also use the inspection report, Matterport 3D imaging, and photography to sell the Property through any other legal means.
Your Obligations After the Sales Period.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– pocket’s responsibilities and legal obligations do not extend beyond the sales period.
– Once the Seller(s) has accepted an offer, it is up to the parties and their respective agents or Agents to memorialize and initiate the appropriate buy-sell contracts that facilitate the real property transaction.
– For the avoidance of doubt, it is the Seller(s)’s and Seller(s)’s Agent’s joint responsibility, not pocket’s, to ensure that Seller(s) enters into an Agreement to Purchase and Sell Real Estate (or similarly termed document) once the Buyer’s offer over the pocket platform has been accepted and pocket’s services have ended.
– It is your responsibility to use all reasonable efforts to enter into an Agreement to Purchase and Sell Real Estate and to properly communicate with Buyer.
– You agree to provide confirmation of:
– Execution of the Purchase and Sale Agreement;
– Identification of the Purchaser; and
– Final Terms, including Closing Date.
– You agree to provide confirmation whether the sale of the Property successfully closed and the date on which it closed.
– You agree to provide a copy of all documents pertinent to the sale to pocket upon demand and within 24 hours of such demand.
Legal Disputes and Indemnification.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– You and Seller(s) will indemnify and hold harmless pocket for any and all claims brought by Buyer that arise as a result of Seller(s)’s or Selling Agent’s conduct, including but not limited to those for breach of contract, damages, specific performance, equitable relief, and the like.
– pocket will not be party to any disputes between Selling Agent and Seller(s) with regard to the (actual or failed) purchase and sale of the Property. Selling Agents, in this regard, agrees to hold harmless and indemnify pocket for any claims brought by Seller(s) in relation to Selling Agent’s services or lack thereof, whether intentional, reckless, or negligent, with regard to the purchase and sale of residential real estate.
– Violations by any of these provisions may result in legal action, including for damages or injunction, as necessary.
– You understand that the legal dispute terms found in the Terms of Use (including but not limited to: choice of law, venue, arbitration agreement, class action and collective action waiver, severance provision, and the like) govern our entire relationship and any legal disputes arising therefrom.
Buying Agreement
By clicking “Agree” below, you hereby represent and warrant that you fully understand and agree that:
– You have read, understood, and clicked “Agree” to the Terms of Use, thereby assenting to the terms therein.
– The Terms of Use are incorporated herein by reference.
– The Terms of Use contain important clauses that impact your legal rights, including but not limited to: an arbitration agreement, a class action waiver, a class arbitration waiver, a choice of law provision, and various warranty disclaimers and limitations of liability and releases, as well as indemnification responsibilities.
By clicking “Agree” below, you hereby represent and warrant that you:
1. Are above the age of eighteen (18);
2. Have legal capacity to enter into legally binding contracts;
As a Buyer(s):
By clicking “Agree” below, you hereby represent and warrant that:
– You understand and agree that the Seller(s) and/or Selling Agent have designated pocket as the platform through which they want to receive pricing offers on the Property;
– You understand and agree to only transmit offers through the pocket platform;
– You desire to use pocket’s services to transmit pricing offers on real property;
– You will not encourage or cause Seller(s) or Selling Agent to remove the property from pocket prior to the close of the exclusive sales period.
Your Understanding of pocket’s Services.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– pocket is not an auctioneer, nor is pocket hosting, facilitating, or running any type of auction;
– pocket does not remove any agency of the Seller(s) – that is, the Seller(s) can decide whether to sell or not sell for any legal reason, subject to the Terms of Use and these Representations and Warranties and applicable anti-discrimination and fair housing laws.
– The transmission of “offers” or “pricing offers” by you and/or other agents representing prospective purchasers does not constitute legal and enforceable contracts. The agents and parties must still prepare a traditional Purchase and Sale Agreement after the close of pocket’s services to create an enforceable contract for the purchase and sale of real property.
– You agree to engage in ongoing communication with your client regarding our services as well as any prices offered, or counter-offers as to price received, on the platform. You will promptly discuss any and all comments, feedback, offers, and the like with your client in furtherance of your legal and ethical realtor requirements.
– You agree not to transmit any personal letters, photographs, notes, and the like on behalf of your client(s) that will potentially violate any fair housing or anti-discrimination laws.
– You understand that pocket does not offer legal, tax, or financial advice and does not prepare:
1. Deeds;
2. Excise tax affidavits;
3. Deeds of trust;
4. Mortgages;
5. Promissory notes; or
6. Any other legal instrument of finance or property transfer.
– The parties – buyer, seller, and/or sellers agent – are responsible for the payment of any and all sales and use taxes and that pocket and/or pocket’s agents are authorized to collect said sales and use taxes at any point in time, including at any point in time after the transaction is closed.
Regarding the Pre-listing Inspection and Inspection Report:
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– pocket enlists the services of a Third Party Inspector to assist the parties in their due diligence.
– pocket makes no warranties or representations with regard to the Third Party Inspector or the Third Party Inspection Report.
– Buyer(s) rely on the Third Party Inspector and the Third Party Inspection Report at their own risk.
– It is your obligation to follow up on any questions you have about the party directly with the Seller(s) or Selling Agent.
Your Obligations After the Sales Period.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– pocket’s responsibilities and legal obligations do not extend beyond the sales period.
– For the avoidance of doubt, it is the parties’ joint responsibility, not pocket’s, to ensure that Seller(s) and Buyer(s) enter into an Agreement to Purchase and Sell Real Estate (or similarly termed document) once the Buyer’s offer, transmitted via the pocket platform, has been identified as the accepted offer at the close of the offer period and pocket’s services have ended.
– It is your responsibility to use all reasonable efforts to enter into an Agreement to Purchase and Sell Real Estate and to properly communicate with the Listing Agent.
– You agree to provide confirmation of:
1. Execution of the Purchase and Sale Agreement;
2. Identification of the Purchaser; and
3. Final Terms, including Closing Date.
– You agree to provide confirmation whether the sale of the Property successfully closed and the date on which it closed.You agree to provide pocket a copy of all documents pertinent to the sale upon demand and within 24 hours of such demand.
Legal Disputes and Indemnification.
By clicking “Agree” below, you hereby represent and warrant that you understand and agree that:
– Buyer(s) will indemnify and hold harmless pocket for any and all claims brought by Seller(s) or their agents that arise as a result of your or your client’s conduct, including but not limited to those for breach of contract, damages, specific performance, equitable relief, and the like.
– pocket will not be party to any disputes between Buyer(s) with regard to the (actual or failed) purchase and sale of the Property.
– Violations by any of these provisions may result in legal action, including for damages or injunction, as necessary.
– You understand that the legal dispute terms found in the Terms of Use (including but not limited to: choice of law, venue, arbitration agreement, class action and collective action waiver, severance provision, and the like) govern our entire relationship and any legal disputes arising therefrom.