Terms of Use

POCKET MYNT WEBSITE AND MOBILE APP GENERAL TERMS OF USE

Effective: July 1, 2015

Pocket Mynt is a service for real-estate professionals to exchange information about pre-MLS and off-market listings. Pocket Mynt and its subsidiaries and affiliates (collectively, “Pocket Mynt”) provide you with access to a variety of services, including the www.PocketMynt.com website and Pocket Mynt’s mobile applications (collectively, the “Services”). Access to and use of Pocket Mynt’s Services on its website and mobile applications and anywhere else its Services are offered are governed by these Terms of Use. In order to use Pocket Mynt’s Services, you must accept and agree to abide by these Terms of Use. By accessing and using Pocket Mynt Services, you explicitly agree to comply with and be bound by our Terms of Use and all other applicable Pocket Mynt agreements and all applicable laws.

The Services Pocket Mynt Provides

The following paragraph needs to be simplified or maybe deleted entirely Our Services: Our Services include the real estate search services on Pocket Mynt Widgets, Pocket Mynt Voices, Pocket Mynt Neighborhood Ratings, and other content, products, and services available on www.Pocket Mynt.com and Pocket Mynt mobile applications. The Services may sometimes be located on third-party Web sites or applications, either as links from an add-on service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services.

None of Our Services Is an 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.

Be Honest With Us: The information we collect from users of our Services is detailed in our Privacy Policy. When you create an account, you must provide accurate and up-to-date information, for which you are solely responsible and liable and for the accuracy and consequences of which you indemnify Pocket Mynt for all damages of any and all kinds including Pocket Mynt reasonable attorney’s fees, expenses and costs of legal proceedings and/or arbitration.

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

Security: While Pocket Mynt 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 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. By using Pocket Mynt Services, you agree that Pocket Mynt 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. You may delete your account 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 in the Account section of the website.

 

Our Rules About Your Data Privacy

Pocket Mynt’s Privacy Policy governs our collection, use, and disclosure of your data, including your personal information. Please read that Privacy Policy carefully. BY USING THE POCKET MYNT SITE, MOBILE APPLICATIONS AND SERVICES, WITHOUT LIMITATION, YOU CONSENT TO THE POCKET MYNT PRIVACY POLICY.

 

Our Rules About Your Content

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 Services or send to other Pocket Mynt users. At all times, you promise to adhere to the Pocket Mynt Community Guidelines, which are incorporated into these Terms of Use. This sentence isn’t necessary.

 

Pocket Mynt Reserves the Right to Edit Unacceptable User Content: Pocket Mynt does not approve, control, or endorse your nor anyone else’s User Content, and has no obligation to do so. Pocket Mynt reserves the right to remove or modify User Content for any reason at our sole discretion.

You Must Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home, or otherwise provide content via the Services.

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), 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 photographs or other content you upload via the Services. 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 Pocket Mynt a License to Use Your Content: When you provide User Content via our Services, you grant Pocket Mynt a royalty-free, perpetual, irrevocable, and fully sub-licensable license to publish, reproduce, distribute, display, adapt, modify 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.

Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Pocket Mynt may be redistributed through the Internet and other media channels, and may be viewed by the general public.

Terms Involving Claiming Ownership of a Home

  • You or your agent if a broker or agent 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 website and will be available to anyone who visits the site.
  • 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; you release us from liability for any inconsistent information.

 

Rules for Real Estate Professionals and Their Clients and Client Information

You agree that you will not claim or submit listings that do not belong to you and/or to your client. When you submit or claim a listing, you hereby agree to abide by the Pocket Mynt.com LLC Data License Indexing and Submission Agreement which is available at www.Pocket Mynt.com or (VF: add the link here) EVE – ARE YOU GOING TO HAVE THIS?

You agree that you will not use any information about Pocket Mynt users that is transferred to you during your use of Pocket Mynt’s Site 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 also agree never to use such information for any illegal or harmful purpose.

 

Intellectual Property and Licenses

Pocket Mynt Grants You a Limited License to Access and Use Our Website and Services:

Subject to these Terms of Use, Subscription Terms and Conditions, Premier Agent and Listing Ads Terms of Use, and the Data License, Indexing and Submission Agreement, we create, we grant you a limited, non-sublicensable right to access this Site, use our Services, and print the Materials 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 Site, Services, or Materials; or frame any part of our Site or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site or Services, and to block or prevent future access to and use of the Site 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 Site or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

All materials in Pocket Mynt’s Site and 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 compilation of information thereof (collectively “Materials”), are proprietary property of Pocket Mynt.com, LLC, its suppliers, its licensors, or its users, I think you want to delete 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 “Pocket Mynt” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of Pocket Mynt without our prior express written permission.

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.

Pocket Mynt Does Not Own Real Estate Source Images: Pocket Mynt 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 Web site or information provided by the Web site owner unless Pocket Mynt owns them or licenses them and shows by some writing or mark on them that Pocket Mynt owns or licenses them. Pocket Mynt uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Pocket Mynt 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 Pocket Mynt website.

Pocket Mynt Handling of Posted Data on and Nonspecific Statistics Regarding Transactions on the Website (These Handlings Warnings Are Part of But Do Not Replace the Pocket Mynt’ Privacy Policy Which Controls Our Use of User/Subscriber/Advertiser/Public Data and Posted Data)

Warning by Pocket Mynt and Agreement of Agents and Through Them Their Clients, Advertisers and Public Users of the Limits of Pocket Mynt’ Ability to Protect Information Provided by Premier Agents, Their Clients Through Those Agents, the Public and Advertisers: Premier 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 Pocket Mynt Sites understand and agree that while Pocket Mynt makes reasonable and diligent efforts to protect the Posted Data on the Pocket Mynt Sites that Pocket Mynt controls, Pocket Mynt 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 Pocket Mynt Sites in spite of Pocket Mynt 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 Premier agents’, their clients, advertisers and the public, without limitation.

Pocket Mynt may share nonspecific (as to an agent client or other user) statistical data from the Pocket Mynt 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, without limitation.

Pocket Mynt will be compelled by law and must 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.

Pocket Mynt will not sell to third parties any specific posted data to third parties.

 

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), Pocket Mynt 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 this Site in a way that constitutes copyright infringement, please provide Pocket Mynt’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 Pocket Mynt, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Pocket Mynt’s Copyright Agent for notice of claims of copyright infringement is provided below.

 

DMCA Agent:

Pocket Mynt Legal Department Address:
1209 Manhattan Ave, Suite 30
Manhattan Beach, CA 90266
Help@PocketMynt.com

Third-Party Links, Sites, and Services

Our Site and Services may contain links to third-party Web sites, advertisements, services, special offers, or other events, activities, or content (collectively “Third- Party Materials”). These Third-Party Materials are not under the control of Pocket Mynt. We are providing these links 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. Pocket Mynt is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave Pocket Mynt’s Site or Services, be aware that your activity outside our Site or Services will not be governed by our Terms of Use or other agreements.

No Warranties Express or Implied

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF POCKET MYNT’S SITE, MATERIALS, 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.

POCKET MYNT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT OR OTHER CONTENT, 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 IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE AND 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.

Pocket Mynt 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) that may appear in our Site or Services.

 

Indemnification of Pocket Mynt by All Website Users

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 Pocket Mynt harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or Services or your use of the Site and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Pocket Mynt 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 Pocket Mynt’ Liability

IN NO EVENT SHALL POCKET MYNT, ITS OFFICERS, DIRECTORS, 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 THIS SITE, THE MATERIALS, 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 Pocket Mynt Services

Pocket Mynt reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. Pocket Mynt will not be liable to you or any third party if we exercise this right.

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.

 

Choice of Law and Venue

These Terms of Use are governed by the laws of the State of California 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 Los Angeles County, though enforcement of an award may occur in other state or federal courts where a party may reside.

 

No Waiver

Pocket Mynt’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 Pocket Mynt in connection with our Site or Services, shall constitute the entire agreement between you and Pocket Mynt concerning the Site or Services, and shall supersede any prior oral agreements and/or representations you had with Pocket Mynt 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

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be adjudicated by binding arbitration before one (1) mutually agreeable retired judge in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) but not under the auspices of nor pursuant to the jurisdiction of the AAA. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles County, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Pocket Mynt or you may seek any interim or preliminary injunctive and other nondispositive interim emergency relief necessary to protect the rights or property of you and/or Pocket Mynt from a court of competent jurisdiction in the state or federal court in Los Angeles County, California as either or both of those courts may have proper jurisdiction but the dispositive proceedings shall occur in arbitration as provided above in this paragraph unless the parties mutually agree in writing to waive arbitration.

Refund Policy

You may cancel your membership by sending an e-mail to support@pocketmynt.com.  There are no refunds for partial months.

Copyright © 2015 Pocket Mynt.com, LLC. ALL RIGHTS RESERVED.