Terms,=20
Disclaimers, and Disclosures=20
By=20
accessing this Web site you agree to be bound by the terms and =
conditions below.=20
This Agreement contains an agreement to arbitrate all Claims and =
disclaims=20
warranties and liability. These provisions form an essential basis of =
our=20
bargain. Please read these provisions carefully.
Definitions=20
of Terms=20
"MyPocketBroker"=20
means MyPocketBroker.Com L.L.C., the Internet real estate service =
operated by My=20
PocketBroker.Com, a Florida Limited Liability Company =
"Buyer"=20
or "Home Buyer" means a person who is buying or considering purchasing a =
property.
"Seller"=20
or "Home Seller" means a person who is selling or considering the sale =
of a=20
property.
"Client"=20
or =93Customer=94 is a User that has completed the registration process =
and has=20
agreed to these Terms of Use.
"Prospective=20
Purchaser or Seller" is an individual that expressed an immediate and =
genuine=20
interest in the sale or purchase of real property. =
"User"=20
means a person who is either a Buyer or a Seller who accesses the =
Website and=20
otherwise utilizes the services of MyPocketBroker.com L.L.C.=20
"Website"=20
means the MyPocketBroker.com L.L.C. Internet website currently located =
at the=20
URL address www.MyPocketBroker.com.
"Agent"=20
or "Real Estate Agent" means a real estate broker, salesperson, agent, =
associate=20
broker, or similar state licensed real estate professional.=20
Terms=20
of Use=20
Real=20
Estate Services
MyPocketBroker.com=20
L.L.C. is a licensed real estate brokerage company operating in the =
State of=20
Florida. Website users may make =
requests to be=20
contacted by a real estate agents, or request appointments for home =
tours, or=20
may request help in selling or buying a home or any other pertinent =
requests. By=20
making such requests, the Website user authorizes MyPocketBroker to =
share the=20
user's personal information to a real estate professional in order to =
satisfy=20
the user's request. When Website users make such requests to =
MyPocketBroker they=20
are extending an invitation for MyPocketBroker, or another appropriate =
entity or=20
person, to contact the user.
All =
data=20
obtained from this website is for your personal, non-commercial=20
use.
The=20
User must be a prospective purchaser or seller of real property within =
the State=20
of Florida=20
where MyPocketBroker.com L.L.C. is licensed and operating with a bona =
fide=20
interest in the purchase or sale of such real property.=20
You =
will not=20
copy, redistribute or retransmit any of the data or information=20
provided.
The=20
listing data appearing here is owned and copyrighted by the Multiple =
Listing=20
Service (s) that is providing such data. All properties are subject to =
prior=20
sale, change or withdrawal. Listing(s) information is provided for =
consumers=20
personal, non-commercial use and may not be used for any purpose other =
than to=20
identify prospective properties consumers may be interested in =
purchasing.=20
Information deemed reliable but not guaranteed All=20
listing data, including but not limited to square footage and lot size =
is=20
believed to be accurate, but the listing Agent, listing Broker MLS and =
its=20
affiliates do not warrant or guarantee such accuracy. The viewer should=20
independently verify the listed data prior to making any decisions based =
on such=20
information by personal inspection and/or contacting a real estate =
professional.=20
Client/Customer=20
Agreements
To=20
register Users must be eighteen (18) years of age or=20
older.
The=20
User must provide true, accurate, and current information; and agree to =
maintain=20
this information to ensure that it remains true, accurate, and current. =
By=20
registering, the User consents to receive personalized emails, telephone =
calls=20
and/or faxes from MyPocketBroker.com L.L.C.
Any=20
User that holds any type of real estate license, including, but not =
limited to a=20
brokers, associate brokers or salespersons license must immediately =
advise=20
MyPocketBroker by telephone, facsimile, or email before that User may access =
any password=20
protected material including house listing data. MyPocketBroker.com =
L.L.C.=20
reserves the right to deny or terminate access to any Real Estate Agent =
at its=20
discretion.
The=20
Client agrees that he or she will not contact the owner/seller of any =
property=20
from information gained through the website. The Client will not attempt =
to=20
enter the property or speak with an owner/seller without a prior =
expressed=20
permission or an appointment set by MyPocketBroker.com=20
L.L.C.
The=20
Client agrees that Broker may also represent other prospective buyers =
seeking to=20
purchase properties that may meet Client's =
criteria.
The=20
Client authorizes MyPocketBroker.com L.L.C. to review and provide copies =
of=20
various documents in the transaction to the Client. This includes, but =
is not=20
limited to contract documents, home inspection reports and closing=20
documents.
This Website=20
and all information in this Site are being provided =93as is=94, without =
any=20
representation or warranty of any kind. All warranties, express and =
implied, are=20
hereby disclaimed. Without limitation of the foregoing, we disclaim all=20
warranties regarding non-infringement, title, merchantability, fitness =
for a=20
particular purpose, or availability, accuracy or usefulness of=20
data.
MyPcoketBroker.com=20
L.L.C. shall not be liable for any damages in connection with your use =
of this=20
Website or any information provided to you therein. Without limitation =
of the=20
foregoing, we shall not be liable for any =20
damages arising from any interruption, error, delay, =
unavailability or=20
failure in service or transmission, any deletion or computer virus, or =
any=20
unauthorized access to, or disclosure, misappropriation or alteration =
of, data,=20
or any punitive, =
exemplary,=20
multiple, special, indirect, incidental or consequential damages of any =
kind.=20
If, under applicable law, any damages may not be so limited, then such =
damages=20
will be limited to the maximum extent permitted under such=20
law.
You =
consent=20
to us to communicate with you, either by telephone, fax, email and=20
mail.
You =
will=20
comply with all copyright restrictions and other restrictions on use of =
any=20
content on this Site imposed by us or any other person who provides such =
content.
Agreement=20
to Terms. By=20
agreeing to these Terms of Use, User acknowledges that they have read =
this Agreement .
These Terms=20
of Use do not make us your agent or =
representative.
You =
will not=20
engage in any harassing, threatening, offensive, obscene, abusive or =
unlawful=20
conduct (or any conduct that would be harmful to our reputation, =
business or=20
operations) in connection with this website, our service or any related =
real=20
estate transaction or proposed real estate transaction. You will not =
access or=20
use the website in a repetitive manner using any automatic, programmed =
or=20
scripted method.
MyPocketBroker=20
may terminate your registration and use of this Site at any time, =
subject to=20
fair housing laws and other applicable law.
You =
are not=20
currently a party to any buyer's broker agreement, dual agency agreement =
or=20
other real estate brokerage agreement regarding a purchase. You will not =
ask us=20
to represent you with respect to a property, if you have such an =
agreement with=20
any other person that applies to the property.
The =
State of=20
Florida may=20
lawfully require us to provide you disclosures regarding agency =
relationships.=20
If we provide such a disclosure and ask you to sign a receipt for it, =
you will=20
do so.
You =
hereby=20
consent to us providing or making available to you in electronic form, =
during=20
the course of our relationship with you, any and all Documents necessary =
as a=20
course of doing business.
Without=20
limitation of the foregoing, you agree that: (i) if we provide, deliver, =
or make=20
available to you any Document in electronic form, it will be treated for =
all=20
purposes as if we delivered to you an original of the Document in paper =
form,=20
and a printed version of such electronic Document will be admissible in =
any=20
proceeding to the same extent as any Document originally printed in =
paper form;=20
(ii) if we send an email to an email address for you as then reflected =
in our=20
records, which email has an electronic copy of a Document attached to it =
(or has=20
a link to an electronic copy of a Document or to a page from which such=20
electronic copy is available), such email will be treated for all =
purposes as if=20
we delivered an original of the Document in paper form to you at the =
time the=20
email was sent; (iii) your electronic signature of any Document will be =
binding=20
and will be treated for all purposes as if you physically signed (and =
initialed=20
all spaces for your initials in) such Document (including initials =
indicating=20
your agreement to any arbitration provision); and (iv) you will notify=20
MyPocketBroker immediately if you are unable to print or store any =
Document in=20
electronic form that we provide, deliver, or make available to you.=20
Indemnity
By=20
using this Website the user agrees to indemnify MyPocketBroker.com =
L.L.C. and=20
its suppliers, partners and any other real estate professionals from and =
against=20
any and all liabilities and expenses or damages arising out of the =
user=92s use of=20
the Website. Users may not use this Website for illegal, harassing, =
unethical,=20
or disruptive purposes.
Disclaimers=20
and Limitations on Liability
The=20
information contained in this Website is deemed be accurate and =
reliable;=20
however, errors sometimes occur. In addition, changes and improvements =
to the=20
information provided herein may be made by MyPocketBroker.Com=20
L.L.C. at any time. This website and the =
information,=20
products and services associated with it are provided =93as =
is=94.=20
MyPocketBroker.Com L.L.C. and/or its =
suppliers or=20
Real Estate Professionals disclaim any warranty of any kind, whether =
expressed=20
or implied, as to any matter whatsoever relating to this website and any =
information, products and services provided herein, including without =
limitation=20
the implied warranties or merchantability, fitness for a particular =
purposes,=20
title, and non-infringement. Use of this website and/or =
MyPocketBroker.com=20
L.L.C. services is at your own risk. MyPocketBroker.Com L.L.C. =
and/or its=20
suppliers or Real Estate Professionals are not liable for any direct, =
indirect,=20
punitive, incidental, special or consequential damages or other injury =
arising=20
out of or in any way connected with the use of this website, and/or=20
MyPocketBroker.Com L.L.C. services, or with the delay or inability to =
use this=20
website, or for any information, products =
and=20
services obtained through this website, or otherwise arising out of the =
use of=20
this website, whether resulting in whole or in part, from negligence, =
breach of=20
contract, tortuous behavior, strict liability or otherwise, even if=20
MyPcoketBroker.com L.L.C. and/or its suppliers or affiliates had been =
advised of=20
the possibility of damages.
Arbitration=20
Process
This=20
agreement provides that all disputes between you and MyPocketBroker.com =
L.L.C.=20
will be resolved by binding arbitration. You will thus give up your =
right to go=20
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=20
neutral arbitrators a not a judge or jury. You are entitled to a fair =
hearing,=20
but the arbitration procedures are simpler and more limited than rules=20
applicable in court. Arbitrator decisions are enforceable as any court =
order and=20
are subject to very limited review by a court. By using MyPocketBroker.Com=20
L.L.C. products and services you consent to =
these=20
restrictions.
Should=20
a Dispute arise and should the arbitration provisions herein become =
inapplicable=20
or unenforceable, or in any instance of any lawsuit between you and =
MyPocketBroker.Com=20
L.L.C., the parties agree that jurisdiction =
over and=20
venue of any suit shall be exclusively in the state and federal courts =
sitting=20
in Orlando =
Florida. If either party employs =
attorneys to=20
enforce any right in connection with any Dispute or lawsuit the =
prevailing party=20
shall be entitled to recover reasonable attorneys' fees.=20
Business=20
Arrangement with Affiliates and Disclosure
NOTICE to=20
Prospective Customers
This=20
is to give you notice that MyPocketBroker has a business relationship =
with=20
WindSong Realty Group L.L.C. =20
MyPocketBroker.com L.L.C. is wholly owned subsidiary of WindSong =
Realty=20
Group L.L.C. Because of this relationship, there may be financial or =
other=20
benefits as a result of this affiliation.
Real=20
Estate Services
MyPocketBroker=20
com L.L.C. is a real estate broker that represents =
buyers.
No=20
Charge
MyPocketBroker=20
com L.L.C does not charge you anything for its brokerage services. Our =
services=20
are free to our clients. Its commission is paid by the seller or listing =
broker.=20
MyPocketBroker pays you a rebate equal to a percentage of the commission =
received from the seller or listing broker, in which the percentage may=20
vary.
Revised=20
12/2008