TERMS OF SERVICE 

POST YOUR POCKET LISTING AT YOUR OWN RISK. YOU SHOULD NOT INCLUDE THE ADDRESS IN YOUR LISTING DESCRIPTION, OR ANY INFORMATION THAT WOULD ALLOW SOMEONE TO IDENTIFY THE PROPERTY. POSTING PHOTOS OF THE EXTERIOR OF A PROPERTY IS HIGHLY DISCOURAGED AND SPECIAL CAUTION SHOULD BE USED WHEN UPLOADING ANY PHOTOS AS MANY REALTORS ARE FAMILIAR WITH SEVERAL PROPERTIES.  

CAREFULLY READ THESE TERMS AND CONDITIONS EACH TIME YOU ACCESS OR USE THIS SITE TO DETERMINE WHETHER ANY MODIFICATIONS OR CHANGES HAVE BEEN MADE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POCKETLISTER, LLC ("POCKETLISTER," "POCKET LISTER," OR "POCKETLISTER.COM"). BY ACCESSING OR USING POCKETLISTER.COM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE IN ANY MATTER.  BY ACCEPTING THESE TERMS AND CONDITIONS YOU ALSO AGREE TO THE LISTING GUIDELINES INCLUDED AND THE SEPARATE PRIVATE POLICY THAT CAN BE LOCATED AT THE BOTTOM MENU BAR OF THE HOMEPAGE.

POCKET LISTER may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the website.

All questions concerning this Agreement should be directed to: Caroline Moss at caroline@pocketlister.com or by calling her directly at (800) 531-0838, ext. 3. 

LISTING AND MEMBERSHIP AGREEMENT

Your membership cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Pocket Lister. 

You must maintain a valid email address and a password, which shall be utilized for logging on to the website. You are not permitted to share your individual login information with others.

You give permission to Pocket Lister to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes Pocket Lister determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Pocket Lister will use best efforts to honor member's request to opt out of marketing messages, but under no circumstances will Pocket Lister have any liability for sending any email to its registered users

You acknowledge and agree that Pocketlister, LLC may record telephone and other electronic communications it has with you for Pocket Lister's internal business purposes, including but not limited to training and quality assurance purposes.

By posting a listing on Pocketlister.com, you warrant and represent that you either own the property or are a licensed real estate agent with signed permission from the owner to post, upload photos, or submit any such content about a property. Members should use the Pocketlister Authorization Form, the link is located on the top menu bar of the website for the form to be downloaded or printed. 

You acknowledge that it is your responsibility to protect the exclusivity of your pocket listing by making sure that you do not supply a property address, overly detailed description or photos in such a way that would enable another member to identify the property.

You acknowledge that Pocketlister.com cannot police or control all of the content provided by member(s) that is made available on Pocketlister.com.

Each real estate agent or individual is limited to one account, and each account is limited to 10 pocket listings and 10 pocket needs at a time.  

Listings that are not modified or renewed within a 60-day period can be automatically deleted and are no longer viewable on Pocketlister.com.

You agree not to submit any property descriptions, photographs, financial, contact or other information unless you have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the property on the Pocket Lister website. Specifically, member will not submit a photograph if member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Pocket Lister website.

Pocket Lister has the right to request the signed Pocketlister Authorization Form for any property listed on its site and must be provided the paperwork within 5 working days, or the listing is subject to removal by our administrator.   

Pocket Lister may, in its sole discretion but without any obligation to search for such, remove properties that are alleged to have been submitted in violation of this provision. In addition, Pocket Lister may require additional evidence of compliance with this provision from members who are alleged to have submitted properties or other information in violation of this Agreement. Pocket Lister will, in its sole discretion, terminate the accounts of, and refuse service to, any member who repeatedly or knowingly violates this Agreement.

Additionally, any property that has been reported for violating the terms and conditions more than once, via our report system, is subject to immediate removal by our administrator.  

Additionally, you agree to allow submitted property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Pocket Lister website.

Pocket Lister shall have the right to modify the property listing in the exercise of its rights under this Agreement.

Member represents and warrants that all properties and associated information provided by the member will be accurate.

You agree not to post a property under a name other than the named licensed real estate agent that has been engaged by the property owner to market the property.

Pocket Lister maintains the right to remove all or any part of the properties posted on the Pocket Lister website.

Pocket Lister accepts no responsibility for checking the accuracy of reports or data files submitted by member(s).

While Pocket Lister shall take all reasonable efforts for data backup and business resumption, you are solely responsible for retaining back-up copies of all information, photographs and other materials provided on Pocket Lister.

Pocket Lister may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Commission Verification

Before engaging in an attempt to show or sell any property posted on pocketlister.com, it is the sole responsibility of each agent to request a copy of a signed commission agreement by the owner of the property to verify the commission for both the seller and buyer's agent.

Listing Agreement

It is the sole responsibility of each member to secure any promised or stated commission by requesting a signed and legally binding single party listing agreement.

POCKETLISTER DOES NOT REQUIRE PROOF OF SIGNED COMMISSION OR LISTING AGREEMENTS. THIS IS THE SOLE RESPONSIBILITY OF EACH INDIVIDUAL AGENT.

You agree not to post, email or otherwise make available content:

a)   that is unlawful, harmful, threatening, abusive, harassing, defamatory, discriminatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b)   that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c)    that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d)   that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

e)   that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

f)     that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

g)   that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the service.

Member or Listing Violation

Please report any violations of the terms and conditions or private policy to caroline@pocketlister.com. All reports will be addressed within five (5) business days.

Cancellation Policy

Once the fees paid for monthly subscriptions are activated that are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. However, upon cancellation, no further charges will be made to your credit card.

Monthly membership will automatically renew using each your current credit card account number unless you cancel your subscription by emailing info@pocketlister.com three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via to your email account on record with Pocket Lister. If you have a question about a cancellation, you should contact Customer Service at info@pocketlister.com. Pocket Lister reserves the right to change its fees or billing methods at any time. Pocket Lister will provide timely notice to the affected members of any such changes.

It is each member's responsibility to promptly provide Pocket Lister with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab, located in the top menu bar once you have logged into Pocketlister.com.

You must notify Pocket Lister about any billing problems or discrepancies within 90 days after charges first appear on your account statement. If it is not brought to Pocket Lister's attention within 90 days, you agree to waive your right to dispute such problems or discrepancies.

Guest Search vs. Monthly Membership

Guest Search is free and allows you to search inventory with limited access.  You cannot post a listing or access the listing contact information.

Monthly membership is a paid service and grants you unlimited searches and up to twenty (20) postings at once. You have full access to agent contact information and can email them directly from the site.

Promotional/Free Accounts

Pocket Lister reserves the right to give special incentives, promotional (discounted) or free accounts to any individual or groups for any length of time.

Unsolicited Commercial Email (Spam)

Pocket Lister prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use Pocket Lister to send any spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Pocket Lister has the right to revoke the privileges of any member or company that breaches these terms.

Termination

Pocket Lister reserves the right to terminate a membership at any time without prior notice with or without cause. 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 Lister's services, nonpayment of fees owed by you in connection with Pocket Lister services, account inactivity or technical or security issues. Upon termination, Pocket Lister shall have no obligation to maintain or forward any content in your account.

Ownership and License Grant

Pocket Lister retains all rights (including Intellectual Property Rights as defined below), title and interest in the Pocket Lister website, and all underlying technology and data including any enhancements and improvements thereto. You 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 Lister technology or delete or alter author attributes or copyright notices. You shall use the Pocket Lister website solely for your own use and shall not allow others to use your email and password.

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 POCKETLISTER 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 MEMBER 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 POCKETLISTER SERVICES, OR A MEMBER'S FAILURE TO KEEP HIS OR HER LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. A member's exclusive remedy, and Pocketlister, LLC's entire liability under this Agreement shall be a refund to the member of the fees paid to Pocketlister, LLC hereunder, and in no event will Pocketlister, LLC's liability for any reason exceed such fee. Pocket Lister (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from a member's use of the website. 

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than Pocketlister, LLC and its subsidiaries which are beyond Pocket Lister's control. Parties other than Pocket Lister 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 Lister'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 Lister site. Pocket Lister 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 web sites. Pocket Lister does not assume any liability for the actions, product, and content of all of these and any other third parties. Pocket Lister makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Pocket Lister site, the site you will land on is not controlled by Pocket Lister and different terms of use and privacy statements may apply. Pocket Lister 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 Lister, Inc.

You agree that Pocket Lister 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 Lister customers and partners. Pocket Lister 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 Lister 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 Lister reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Pocket Lister's web site, located at http://www.pocketlister.com.

Copyright Complaints

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

Contact information for Pocket Lister's copyright agent:

Attn: Caroline Moss

Phone: 800-531-0838, ext. 3.

Email: caroline@pocketlister.com 

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

Governing Law

This Agreement, and the Deliverables provided by Pocket Lister, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California 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 Lister, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of Pocket Lister 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, as a member, you agree that the remaining terms and provisions remain in full force and effect.

Indemnity

You agree to indemnify Pocketlister, LLC, its officers, agents, employees and representatives, and hold harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement, 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 or actions. You agree to take responsibility for your actions or decisions regarding real estate.

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:

Peg Chuchro

ENTOUS & ENTOUS, INC.

16133 Ventura Boulevard #545

Encino, CA  91436

peg@entouscpa.com

818 986-0343 Ext. 223

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.

Last Updated: June 1, 2010