Agreement between User and www.thepocketnetwork.com
Welcome to www.thepocketnetwork.com. The www.thepocketnetwork.com website (the "Site")
is comprised of various web pages operated by The Pocket Network LLC ("Pocket Network").
www.thepocketnetwork.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.thepocketnetwork.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.thepocketnetwork.com is a Social Networking website for Real Estate Professionals.
Who we are: The Pocket Network is a social networking platform targeting and connecting real
estate agents and their subsidiaries. Which include, Mortgage lenders and brokers, Insurance
agents, Title & Escrow officers, and Home Inspectors.
At The Pocket Network, we believe in the power of community. Our free membership is ideal for
testing the waters or for those who simply want to build their network in the real estate industry
without committing to anything. You’ll find that our free membership comes with plenty of benefits,
too.
You’re free to post, view, and interact with others within our industry forums. It’s a great way to
learn from other real estate agents but also to connect with lenders, escrow and title officers,
insurance agents, and home inspectors. Free members can also follow other members and build
their professional network.
We also provide free members with access to our podcasts, enabling you to follow along and learn
from industry professionals as they discuss hot topics in the industry, common challenges, and so
much more. You can also sign up to join our available webinars, which offer deep dives into
critical topics.
In addition to full access to all the tools and capabilities above, you also gain limited access to:
Guides: We publish a range of in-depth industry guides each year. Free members have limited
access to download our professional guides.
Blogs: We regularly create informative blog posts that offer a lot of value to our members. Free
members have limited access to these resources.
Video Library: Our video library includes market analyses, industry updates, and other critical
information. Free members have limited access to our library.
For a fee, our paid membership offers all the benefits of the free membership but comes with many
exclusive perks only available to paid members.
Privacy
Your use of www.thepocketnetwork.com is subject to Pocket Network's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting www.thepocketnetwork.com or sending emails to Pocket Network constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Pocket Network is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Pocket Network and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Pocket Network does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.thepocketnetwork.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
Month To Month Subscriber: You can cancel your subscription at any time.
Yearly Subscriber: You can cancel your membership at any time for any reason. You may receive
full refund if cancelled within 3 days of original subscription.
To cancel subscription simply email: support@thepocketnetwork.com with cancelation request.
Links to Third Party Sites/Third Party Services
www.thepocketnetwork.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Pocket Network and Pocket Network is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Pocket Network is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Pocket Network of the
site or any association with its operators.
Certain services made available via www.thepocketnetwork.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.thepocketnetwork.com domain, you hereby acknowledge and consent that Pocket Network
may share such information and data with any third party with whom Pocket Network has a
contractual relationship to provide the requested product, service or functionality.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.thepocketnetwork.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Pocket Network that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Pocket Network or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Pocket Network content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Pocket Network and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Pocket Network or our licensors except as expressly authorized by
these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication.
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Pocket Network has no obligation to monitor the Communication Services. However, Pocket
Network reserves the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. Pocket Network reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any reason whatsoever.
Pocket Network reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Pocket Network's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Pocket Network does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Pocket Network
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Pocket Network spokespersons, and their views do not necessarily reflect those of
Pocket Network.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.thepocketnetwork.com or Posted on Any Pocket Network
Web Page
Pocket Network does not claim ownership of the materials you provide to
www.thepocketnetwork.com (including feedback and suggestions) or post, upload, input or
submit to any Pocket Network Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting Pocket Network, our affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Pocket Network is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Pocket Network's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
International Users
The Service is controlled, operated and administered by Pocket Network from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Pocket Network Content
accessed through www.thepocketnetwork.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Pocket Network, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Pocket Network reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Pocket Network in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Pocket Network agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE POCKET NETWORK LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE POCKET NETWORK LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. THE POCKET NETWORK LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE POCKET NETWORK LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE POCKET NETWORK LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Pocket Network reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Pocket Network as a result of this agreement or use of the Site. Pocket Network's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Pocket Network's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Pocket Network with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Pocket Network with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Pocket
Network with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pocket Network reserves the right, in its sole discretion, to change the Terms under which
www.thepocketnetwork.com is offered. The most current version of the Terms will supersede all
previous versions. Pocket Network encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Pocket Network welcomes your questions or comments regarding the Terms:
The Pocket Network LLC
Email Address: support@thepocketnetwork.com
Effective as of August 01, 2021