MyPocketBroker Disclosures

Terms, Disclaimers, and Disclosures

By accessing this Web site you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaims warranties and liability. These provisions form an essential basis of our bargain. Please read these provisions carefully.

Definitions of Terms

"MyPocketBroker.com" means MyPocketBroker L.L.C., the Internet real estate service operated by MyPocketBroker, a Florida Limited Liability Company

"Buyer" or "Home Buyer" means a person who is buying or considering purchasing a property.

"Seller" or "Home Seller" means a person who is selling or considering the sale of a property.

"Client" or “Customer” is a User that has completed the registration process and has agreed to these Terms of Use.

"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.

"User" means a person who is either a Buyer or a Seller who accesses the Website and otherwise utilizes the services of MyPocketBroker L.L.C.

"Website" means the MyPocketBroker L.L.C. Internet website currently located at the URL address www.MyPocketBroker.com.

"Agent" or "Real Estate Agent" means a real estate broker, salesperson, agent, associate broker, or similar state licensed real estate professional.

Terms of Use

Real Estate Services

MyPocketBroker L.L.C. is a licensed real estate brokerage company operating in the State of Florida. Website users may make requests to be contacted by a real estate agents, or request appointments for home tours, or may request help in selling or buying a home or any other pertinent requests. By making such requests, the Website user authorizes MyPocketBroker to share the user's personal information to a real estate professional in order to satisfy the user's request. When Website users make such requests to MyPocketBroker they are extending an invitation for MyPocketBroker, or another appropriate entity or person, to contact the user.

All data obtained from this website is for your personal, non-commercial use.

The User must be a prospective purchaser or seller of real property within the State of Florida where MyPocketBroker L.L.C. is licensed and operating with a bona fide interest in the purchase or sale of such real property.

You will not copy, redistribute or retransmit any of the data or information provided.

The listing data appearing here is owned and copyrighted by the Multiple Listing Service (s) that is providing such data. All properties are subject to prior sale, change or withdrawal. Listing(s) information is provided for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information deemed reliable but not guaranteed All listing data, including but not limited to square footage and lot size is believed to be accurate, but the listing Agent, listing Broker MLS and its affiliates do not warrant or guarantee such accuracy. The viewer should independently verify the listed data prior to making any decisions based on such information by personal inspection and/or contacting a real estate professional.

Client/Customer Agreements

To register Users must be eighteen (18) years of age or older.

The User must provide true, accurate, and current information; and agree to maintain this information to ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from MyPocketBroker L.L.C.

Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise MyPocketBroker by telephone, facsimile, or email before that User may access any password protected material including house listing data. MyPocketBroker L.L.C. reserves the right to deny or terminate access to any Real Estate Agent at its discretion.

The Client agrees that he or she will not contact the owner/seller of any property from information gained through the website. The Client will not attempt to enter the property or speak with an owner/seller without a prior expressed permission or an appointment set by MyPocketBroker L.L.C.

The Client agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.

The Client authorizes MyPocketBroker L.L.C. to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to contract documents, home inspection reports and closing documents.

This Website and all information in this Site are being provided “as is”, without any representation or warranty of any kind. All warranties, express and implied, are hereby disclaimed. Without limitation of the foregoing, we disclaim all warranties regarding non-infringement, title, merchantability, fitness for a particular purpose, or availability, accuracy or usefulness of data.

MyPcoketBroker L.L.C. shall not be liable for any damages in connection with your use of this Website or any information provided to you therein. Without limitation of the foregoing, we shall not be liable for any damages arising from any interruption, error, delay, unavailability or failure in service or transmission, any deletion or computer virus, or any unauthorized access to, or disclosure, misappropriation or alteration of, data, or any punitive, exemplary, multiple, special, indirect, incidental or consequential damages of any kind. If, under applicable law, any damages may not be so limited, then such damages will be limited to the maximum extent permitted under such law.

You consent to us to communicate with you, either by telephone, fax, email and mail.

You will comply with all copyright restrictions and other restrictions on use of any content on this Site imposed by us or any other person who provides such content.

Agreement to Terms. By agreeing to these Terms of Use, User acknowledges that they have read this Agreement .

These Terms of Use do not make us your agent or representative.

You will not engage in any harassing, threatening, offensive, obscene, abusive or unlawful conduct (or any conduct that would be harmful to our reputation, business or operations) in connection with this website, our service or any related real estate transaction or proposed real estate transaction. You will not access or use the website in a repetitive manner using any automatic, programmed or scripted method.

MyPocketBroker may terminate your registration and use of this Site at any time, subject to fair housing laws and other applicable law.

You are not currently a party to any buyer's broker agreement, dual agency agreement or other real estate brokerage agreement regarding a purchase. You will not ask us to represent you with respect to a property, if you have such an agreement with any other person that applies to the property.

The State of Florida may lawfully require us to provide you disclosures regarding agency relationships. If we provide such a disclosure and ask you to sign a receipt for it, you will do so.

You hereby consent to us providing or making available to you in electronic form, during the course of our relationship with you, any and all Documents necessary as a course of doing business.

Without limitation of the foregoing, you agree that: (i) if we provide, deliver, or make available to you any Document in electronic form, it will be treated for all purposes as if we delivered to you an original of the Document in paper form, and a printed version of such electronic Document will be admissible in any proceeding to the same extent as any Document originally printed in paper form; (ii) if we send an email to an email address for you as then reflected in our records, which email has an electronic copy of a Document attached to it (or has a link to an electronic copy of a Document or to a page from which such electronic copy is available), such email will be treated for all purposes as if we delivered an original of the Document in paper form to you at the time the email was sent; (iii) your electronic signature of any Document will be binding and will be treated for all purposes as if you physically signed (and initialed all spaces for your initials in) such Document (including initials indicating your agreement to any arbitration provision); and (iv) you will notify MyPocketBroker immediately if you are unable to print or store any Document in electronic form that we provide, deliver, or make available to you.

This website is a service of MyPocketBroker and is not a multiple listing service (MLS), nor offers MLS access.

Indemnity

By using this Website the user agrees to indemnify MyPocketBroker L.L.C. and its suppliers, partners and any other real estate professionals from and against any and all liabilities and expenses or damages arising out of the user’s use of the Website. Users may not use this Website for illegal, harassing, unethical, or disruptive purposes.

Disclaimers and Limitations on Liability

The information contained in this Website is deemed be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by MyPocketBroker L.L.C. at any time. This website and the information, products and services associated with it are provided “as is”. MyPocketBroker L.L.C. and/or its suppliers or Real Estate Professionals disclaim any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to this website and any information, products and services provided herein, including without limitation the implied warranties or merchantability, fitness for a particular purposes, title, and non-infringement. Use of this website and/or MyPocketBroker L.L.C. services is at your own risk. MyPocketBroker L.L.C. and/or its suppliers or Real Estate Professionals are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this website, and/or MyPocketBroker L.L.C. services, or with the delay or inability to use this website, or for any information, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from negligence, breach of contract, tortuous behavior, strict liability or otherwise, even if MyPcoketBroker L.L.C. and/or its suppliers or affiliates had been advised of the possibility of damages.

Arbitration Process

This agreement provides that all disputes between you and MyPocketBroker L.L.C. will be resolved by binding arbitration. You will thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by a neutral arbitrators a not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using MyPocketBroker L.L.C. products and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MyPocketBroker L.L.C., the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orlando Florida. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

Commission Disputes

"Commission Dispute" can be defined as any dispute or uncertainty regarding (i) whether MyPocketBroker is entitled to a commission from the listing broker and/or seller, (ii) the amount of such commission, (iii) the manner or timing of payment of such commission, or (iv) any other condition, provision, term, or aspect of such commission.

if at any time MyPocketBroker determines that a Commission Dispute exists or is likely to occur, then MyPocketBroker may delay paying the Rebate until 10 business days after such Commission Dispute has been Resolved. "Resolved" means resolved by mutual agreement, or written instruction of all interested parties; and/or if necessary to be determined by any final, non-appealable judgment of a court. If MyPocketBroker pays any Rebate and it is later determined that MyPocketBroker is not entitled to all or part of the commission on which such Rebate was based, then the Rebate amount will be re-calculated and the buyer will immediately repay the excess portion, if any, of the Rebate that MyPocketBroker paid. MyPocketBroker has no obligation to take any action (including filing or defending any arbitration claim) to collect or establish entitlement to any commission.

Business Arrangement with Affiliates and Disclosure

NOTICE to Prospective Customers

This is to give you notice that MyPocketBroker has a business relationship with WindSong Realty Group L.L.C. MyPocketBroker L.L.C. is wholly owned subsidiary of WindSong Realty Group L.L.C. Because of this relationship, there may be financial or other benefits as a result of this affiliation.

Real Estate Services

MyPocketBroker L.L.C. is a real estate broker that represents buyers.

No Charge

MyPocketBroker L.L.C does not charge you anything for its brokerage services. Our Buyer services are free to our clients. Its commission is paid by the seller or listing broker. MyPocketBroker pays you a rebate equal to a percentage of the commission received from the seller or listing broker, in which the percentage may vary.