Terms & Conditions

Our Terms

The following terms and conditions, together with any documents they expressly incorporate by references (collectively, these “Terms of Use”), govern your access to and use of the real estate search services offered by HomePocket, LLC (“HomePocket”), including the www.homepocket.com website and our mobile applications (collectively, the “Sites”) and anywhere else its services are offered, including any content, materials, functionality and services offered on or through the Sites (collectively, the “Services”). Please read these Terms of Use carefully before using our Services. By using our Services, you accept and agree, by that act alone and without further action on your part, to be bound by and abide by these Terms of Use; our Privacy Policy, incorporated herein by reference; and any other applicable HomePocket agreements available on the Site; and applicable law in your use of our Services.

These Terms of Use apply to everyone who uses HomePocket’s Services (including real estate professionals), and they generally (along with any other specific HomePocket agreements that you also agree to through your use of the Services) govern the relationship between HomePocket and our users during their use of HomePocket’s Services. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Services.

The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with HomePocket.

More on Our Services

Third-Party Sites: The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. The Sites may also include content provided by third parties, including advertisements, services, special offers or other events or activities. We are not responsible for any content, functionality, services or materials offered or provided by any third parties. We are providing these links and materials to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. HomePocket is not responsible or liable for your use of or access to any third party sites or materials. Whenever you leave the Sites, be aware that your activity outside our Sites will not be governed by our Terms of Use or other agreements.

Paid-Products and Services: Our Services also include paid products and services. All purchases of products and services through our Sites are governed by additional terms and conditions, which are available on the Sites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Advertising: You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, HomePocket may serve advertisements based on the information we collect from you or in relation to your interaction on our Sites. Use and disclosure of your information is further described in the Privacy Policy.

Ratings: You understand and agree that the Services may include third-party ratings and reviews of properties and listings associated with your account. By default, users of HomePocket will have access to third-party ratings and reviews of such properties and listings, and the general public will have access to a general rating for such properties and listings. The rating and review feature is automatically active or on for each property and listing in order to increase the likelihood the property or listing is more readily identified and displayed as a result for online searches. Said another way, the rating and review feature helps ensure the property or listing is displayed in a more prominent position in search engine results. It is your sole responsibility to ensure the use of such rating and review feature complies with all applicable MLS standards, state and federal law, codes of conduct and professionalism, and agreements with the property owner. It is your responsibility to turn the rating and review feature to inactive or off, as needed for compliance and legal purposes. You agree to indemnify HomePocket for any claims or damages against HomePocket related to the use of the rating and review feature.

Comparability Index: Our Services may include our “Comparability Index” feature for listings. You understand and agree that the Comparability Index is offered simply as a reference to the listed price as compared to certain other properties in the same area. The Comparability Index is not intended to be relied upon for decisionmaking purposes, and you agree and acknowledge the Comparability Index may be inaccurate and does not determine value of the listing. Furthermore, you acknowledge the Comparability Index does not include several important factors in its calculation, including (without limitation): all potentially comparable properties, the condition of a property, title validity, encumbrances, easements, liens, and the like. Without limiting any of the foregoing in this paragraph, you agree not to rely on the Comparability Index for any purpose of any kind (whether as a value indicator, property appraisal tool, or as an inducement to buy/sell or list your property).

No Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or an offer or promise that any advertiser or real estate broker or agent or their client will sell any product or service for any purpose or price or on any specific terms.

Honesty Requirement: The information we collect from users of our Services, including during the registration process for our users (including real estate professionals) is detailed in our Privacy Policy. When you create an account, you must provide us with accurate, complete and up-to-date information. You are solely responsible for the accuracy and consequences of the information that you provide to HomePocket, and you agree to indemnify and hold HomePocket harmless from and against all damages of any and all kinds, including HomePocket’s reasonable attorney’s fees, expenses and costs of legal proceedings and/or arbitration.

Deal with Us in Good Faith: By creating an account and using our Services, you agree that you are signing up for HomePocket’s Services in good faith, and that you will use our Services only for their intended purposes as real estate information tools and for no other reasons.

Security: While HomePocket works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to review or record your personal information. By using certain of our Services, you agree that HomePocket may create a user account for you on our Services. You can learn about our policies for data collected via user accounts in our Privacy Policy. Like all our accounts, you may delete it at any time. By using our Services and providing us with your email address, you agree that we can send you emails about our Services. You can unsubscribe from these emails through the instructions in any of these emails or update your preferences on the website. We have the right to disable any user name, password, whether chosen by you or provided by us, at any time in our discretion for any reason or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Data Privacy Terms

Our Privacy Policy generally governs our collection, use, and disclosure of your personal information. Please read that Privacy Policy carefully before using our Services. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account. This is important information. BY USING OUR SITE AND OUR SERVICES, YOU CONSENT TO OUR PRIVACY POLICY AND ALL ACTIONS WE TAKE WITH RESPECT TO YOUR INFORMATION CONSISTENT WITH OUR PRIVACY POLICY.

User Content Terms

Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively “User Content”) that you post, submit, publish, display or link to through the Site or Services or send to other HomePocket users, including the legality, reliability, accuracy and appropriateness of such User Content. At all times, you promise to adhere to the HomePocket Community Guidelines, which are incorporated into these Terms of Use.

HomePocket Monitoring and Enforcement of User Content: HomePocket does not approve, control, or endorse your or anyone else’s User Content, and has no obligation to do so nor is HomePocket responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites. However, we reserve the right (but assume no obligation) to (1) remove or modify User Content for any reason or no reason, at our sole discretion, including User Content that we believe violates our Terms of Use; (2) disclose your identity or other information about you to any third party who claims that User Content posted by you violates their rights, including their intellectual property rights or their right to privacy; (3) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Sites; and/or (4) terminate or suspend your access to all or part of the Sites or Services for any or no reason, including violation of these Terms of Use.

You Must Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit User Content, including facts about your home.

Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights and rights of publicity and privacy), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.

Do Not Violate Others’ Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Sites. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

You Grant HomePocket a License to Use Your Content: When you provide User Content, you grant HomePocket a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify, sublicense (for any purpose), create derivative works for any purpose (which HomePocket will own) and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.

User Content is Not Confidential; Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to HomePocket is considered non-confidential and non-proprietary and may be redistributed through the Internet and other media channels, and may be viewed by the general public. In addition, and not in limitation, you understand that HomePocket may share nonspecific statistical data from the Website with third parties such as Boards of Realtors, Real Estate associations and commissions local, state and national, economists and economic oriented institutions and governmental bodies, and media outlets. HomePocket also may share specific and nonspecific data with third parties pursuant to state and federal court subpoenas and subpoenas of law enforcement, and subpoenas of state and federal regulatory agencies.

Terms Involving Claiming Ownership of a Home

  • You or your agent (if a broker or agent is engaged on your behalf) will only claim homes for which you are the current legal owner, and you represent and warrant that the home you are claiming is owned by you and that the details you provide about your home are accurate.
  • You will be required to confirm your email address in order to add or edit facts about your home.
  • If you are no longer the legal owner for a home, you agree to release your claim on the home to permit the current legal owner to subsequently claim the home.
  • If someone has claimed your home in error or is no longer the current legal owner for the home, you agree to dispute the claim on our website.
  • We reserve the right in our sole discretion to block or remove claims on homes made by you.
  • You acknowledge that information that you provide about your home will be posted in public areas of the Sites and will be available to anyone who visits the Sites.
  • You acknowledge that we may display information about your home from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources. We disclaim all liability and responsibility for any inconsistent information.

Rules for Real Estate Professionals and Their Clients and Client Information

Information Provided by Real Estate Professionals: If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you and/or to your client. You agree not to claim or submit listings, or to take any action of any nature related to HomePocket that violates federal or state law, including (without limitation) laws governing (i) “pocket listings, off-MLS listings, or “office exclusive” listings, (ii) joint representation of both the buyer and seller in a transaction, and (iii) commission sharing. Without limiting the generality of the foregoing, HomePocket makes no representation or warranty that compliance with these Terms of Use satisfies User’s legal obligations, and User acknowledges it does not rely on such Terms of Use (or any related documents, such as the Privacy Policy or Materials) in determining User’s compliance with applicable laws or ethical or professional obligations.

HomePocket User Information Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about HomePocket users that is transferred to you during your use of HomePocket’s Sites or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.

Use Restrictions:HomePocket’s Sites or Services may only be used for transactions in residential real estate, and transactions in commercial real estate is prohibited (including commercially zoned properties and timeshares). You are prohibited from sharing your user account with others.

Intellectual Property and Licenses

HomePocket Grants You a Limited License to Access and Use Our Sites and Services: Subject to these Terms of Use and any additional agreements you might enter with HomePocket in connection with our Sites or Services, we grant you a limited, non-sublicensable right to access the Sites, use our Services, and print the Materials (defined below) for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Sites, Services, or Materials; or frame any part of our Sites or Services. We reserve the right, for any or no reason, without notice and in our sole discretion, to terminate your license to use the Sites or Services, and to block or prevent future access to and use of the Sites or Services.

Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Sites or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

Our Materials Are Protected: The Sites and their entire contents, features and functionality, and all materials in or on the Sites and offered or provided with the Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of HomePocket.com, LLC, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “HomePocket” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of HomePocket without our prior express written permission. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our consent. You agree not to reproduce, modify, create derivative works from, decompile, disassemble or reverse engineer any portion of the Sites or Services. You agree not to remove or modify any copyright or other intellectual property notices that appear on the Sites or the Services.

Our Use of Third Parties’ Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

HomePocket Does Not Own Real Estate Source Images: HomePocket does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner unless HomePocket owns them or licenses them and shows by some writing or mark on them that HomePocket owns or licenses them. HomePocket uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/ or the requirements of applicable law. HomePocket does assert copyright and ownership in and reserves all right to all search results, and all data compilations on, through or resulting from searches on or through the Sites.

Warning by HomePocket and Agreement of Agents and Through Them Their Clients, Advertisers and Public Users of the Limits of HomePocket’ Ability to Protect Information Provided by Real Estate Agents, Their Clients Through Those Agents, the Public and Advertisers: Real estate agents for themselves, their brokerage firms and their clients, advertisers, and the public who post information of any and all kinds, including client information, financial and other data and images (collectively “Posted Data”) on the HomePocket Sites understand and agree that while HomePocket makes reasonable and diligent efforts to protect the Posted Data on the HomePocket Sites that HomePocket controls, HomePocket has no control over Posted Data that can be accessed by third parties such as mortgage companies, title companies, governmental taxing authorities, hackers, data miners, data thieves, without limitation, who may harvest this information off of the HomePocket Sites in spite of HomePocket efforts to protect the information within its Sites and therefore that such Posted Data may be used by those third parties possibly even to the financial detriment of real estate agents’, their clients, advertisers and the public, without limitation.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), HomePocket has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please provide HomePocket’s copyright agent the following written information:

  • 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 the Site;
  • 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.

Before sending a notice to HomePocket, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for HomePocket’s Copyright Agent for notice of claims of copyright infringement is provided below.

DMCA Agent:

HomePocket Legal Department

Address:

[email protected]

No Warranties Express or Implied

THIS SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE INFORMATION PRESENTED ON OR THROUGH THE SITES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULLNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMAITON IS STRICTLY AT YOUR OWN RISK. HOMEPOCKET TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT OR OTHER CONTENT, INCLUDING ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU, YOUR CLIENT OR ANY OTHER VISITOR TO OUR SITES OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS, INCLUDING LINKS TO WEB PAGES, THAT ANY WEBSITE USER OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE AND HOMEPOCKET WILL NOT BE LIABLE FOR DAMAMGES OF ANY KIND FOR THE EFFECTS AND OR CONSEQUENCES OF SUCH USER CONTENT OR OTHER CONTENT FROM ANY SOURCE. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY), OR IF YOU HAVE ANY DISPUTE WITH HOMEPOCKET’S SITES OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES AND SERVICES.

HomePocket is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions and User Content) that may appear in our Sites or Services.

HomePocket is not responsible in any way for the truthfulness or accuracy of any property description listed on our Sites, nor does HomePocket have or accept any obligation to search for issues with a listed property. It is the sole responsibility of the buyer to confirm any and all facts relating to a property prior to purchase including, without limitation: defects in/on the material or premises, environmental hazards (near, on or within the property), zoning laws, flooding and other natural disaster risks, the existence of a third party’s rights to use or access the property, taxes, title disputes or irregularities, and surveying.

Indemnification of HomePocket by All Website Users of Any Kind

As a user in any capacity, you agree on behalf of yourself, your clients through you and your firm if an agent, to defend, indemnify, and hold HomePocket harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, attorney’s fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Sites or Services or your use of the Sites and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against HomePocket arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation of HomePocket’s Liability

IN NO EVENT SHALL HOMEPOCKET, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Terms

Modification of HomePocket Services

HomePocket reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein in our sole discretion without notice. HomePocket will not be liable to you or any third party if we exercise this right.

We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites or the entire Site to users, including registered users and users who have paid for a particular product or service.

Modification of These Terms

We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Site or Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the version date for changes.

Geographic Restrictions

We provide this Site only for use by persons located in the United States. We make no claims that the Sites or the Services are accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Choice of Law and Venue

These Terms of Use are governed by the laws of the State of Florida without regard to its conflict of law provisions. The venue for the arbitration and/or court intervention for preliminary emergency relief or the enforcement of an arbitration ruling or award in state or federal court if needed shall occur in the state or federal court of Escambia, Okaloosa or Walton County, Florida, though enforcement of an award may occur in other state or federal courts where a party may reside. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Escambia, Okaloosa or Walton County, Florida for any and all disputes, claims and actions arising from or in connection with the Sites, Services and/or these Terms of Use.

No Waiver

HomePocket’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights

These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement & Severability

These Terms, together with the Privacy Policy and any amendments and additional agreements you might enter with HomePocket in connection with our Site or Services, shall constitute the entire agreement between you and HomePocket concerning the Site or Services, and shall supersede any prior oral agreements and/or representations you had with HomePocket regarding the Site or Services or anything else.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Arbitration of Disputes

At HomePocket’s sole discretion, it may require you to submit any controversy or claim arising out of or relating to these Terms of Use or the use of the Sites or Services to final and binding arbitration under the commercial arbitration rules of the American Arbitration Association (“AAA”).

Copyright © 2017 HomePocket, LLC. ALL RIGHTS RESERVED.