TERMS OF USE

THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. CAREFULLY READ THESE TERMS OF USE OF THIS WEBSITE ("TERMS OF USE" OR "AGREEMENT") BEFORE YOU ("USER") ACCESS OR USE THIS WEBSITE AND EACH TIME YOU ACCESS OR USE THIS SITE, TO DETERMINE WHETHER ANY MODIFICATIONS OR CHANGES TO THESE TERMS OF USE HAVE BEEN MADE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS MAY BE MODIFIED FROM TIME TO TIME, AND TO BE LIABLE TO THE OWNER OF THIS WEBSITE FOR LOSSES AND DAMAGES ARISING FROM ANY NONCOMPLIANCE WITH SUCH TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, AS MAY BE MODIFIED FROM TIME TO TIME, YOU SHALL NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS CONTENTS IN ANY MANNER.

By accessing or using this Website, User agrees to bound and governed by the following:

1. Definitions

  • “Listing” means a listing posted by you - not us - on the Website, and all information attendant thereto.
  • “Our” is a reference to something which belongs or refers to us.
  • “Services” means the service which is provided through the use of the Website, as described under Section 2 of these Terms Of Use.
  • “The PLS” means The PLS.com, LLC, a California Limited Liability Company, the owner of the Site.
  • “The PLS Content” means, separately and collectively, any articles, blog information, reports, financial calculator, property financial information, property comparables, 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 and related content which we place on the Website.
  • “Us” means The PLS.com, LLC, a California Limited Liability Company, the owner of the Site.
  • “User Content” means, separately and collectively, property descriptions, text, photographs, images, videos, graphics and financials, reviews, contact or other information which you submit to The PLS.
  • “We” means The PLS.com, LLC, a California Limited Liability Company, the owner of the Site.
  • ‘Website” means the Website thepls.com and any other related website maintained or controlled by us even if such website is not specifically named in these Terms Of Use.
  • “You” means the user of the Website.
  • “Your” is a reference to something which belongs or refers to You.

2. General Provisions

ThePLS.com is a Pocket Listing search service provided specifically for real estate brokers and the agents who perform services for a licensed real estate broker. The PLS is a service that links real estate brokers and agents only.

IF YOU ARE NOT A REAL ESTATE BROKER OR A LICENSED REAL ESTATE AGENT WHO PERFORMS SERVICES FOR A REAL ESTATE BROKER, THEN YOU ARE NOT ELIGIBLE TO USE THE SERVICES OF PLS.COM.

NOTE: FOR CONVENIENCE, THE TERM “AGENT” MAY BE USED HEREIN WITHOUT REFERENCE TO THE FACT THAT AN AGENT MUST BE PERFORMING SERVICES FOR A LICENSED REAL ESTATE BROKER IN ORDER TO BE ELIGIBLE TO USE THE SERVICES.

ThePLS.com is an independently owned and operated service and is not affiliated with any Real Estate Agent owned and controlled, or independent MLS Multiple Listing Services. ThePLS.com is a service for real estate brokers and agents located within the fifty (50) states of the United States of America. The PLS is not involved in any real estate listing or sales activities. The PLS is not a licensed real estate brokerage company.

IF YOU ARE A REAL ESTATE SELLER, YOU CANNOT ADVERTISE OR "LIST" YOUR REAL ESTATE DIRECTLY ON THE PLS.COM. TO ADD REAL ESTATE TO THE PROPERTIES ABLE TO BE VIEWED THROUGH THE WEBSITE, YOU MUST BE A LICENSED REAL ESTATE BROKER. THE PLS DOES NOT RECEIVE ANY REAL ESTATE COMMISSIONS BEFORE, DURING OR AFTER ANY RESULTING TRANSACTIONS.

The PLS does not work directly with any real estate buyers. ThePLS.com cannot set up any real estate showings or appointments. Please contact the listing real estate broker or agent directly. You must be a licensed real estate broker or licensed agent performing services for a real estate broker to obtain more information about any particular homes or land that you are viewing on the Website. The PLS will not discuss, by email or otherwise, any real estate listings that are seen on the Website.

3. Membership Privileges

Membership privileges are granted by The PLS to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the Website without express written permission from The PLS, and by registering for a membership, you represent and warrant that you are not a competitor of The PLS or
acting on behalf of a competitor of The PLS in registering for and accessing the Service.

Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of The PLS. By completing the registration process, you represent and warrant that the information provided is true, accurate, complete and current. The PLS requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the system. Members are not permitted to share their individual logon information with others.

The PLS has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by these Terms Of Use, refuses to abide by the Listing Policies as posted and displayed on the Website, or abuses their rights related to The PLS service. Upon registration for either a broker or buyer account, the user becomes a member.

The PLS utilizes email as a vital and primary communication channel with you. As a User, you hereby acknowledge and grant The PLS the permission to communicate with you via email (as well as other communication channel such as phone) for any purposes The PLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages.

The PLS will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will The PLS have any liability for sending any email to you. By becoming a user, you acknowledge and agree that The PLS and any of its affiliates may record telephone and other electronic communications it has with you for The PLS’s internal business purposes, including but not limited to training and quality assurance purposes.

4. Submission and Administration of Listings

You will have the opportunity to submit User Content to us. You represent and warrant that (a) you own or have the full right, power and authority to grant to The PLS use of and rights in and to all User Content that you upload, post, e-mail or otherwise transmit to The PLS; (b) your license of such User Content to The PLS hereunder does not, and the use or license of such User Content by The PLS to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content; (d) the practice and promotion of 'pocket listings' does not infringe on any state laws or MLS rules you as a user may be subject to. With respect to all User Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, The PLS acknowledges that you retain any applicable ownership rights that you may have with respect to the User Content. You nonetheless grant The PLS and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such User Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that The PLS may preserve any such User Content, whether submitted in the past or in the future, and may also disclose such User Content in its sole discretion (including without limitation within other products offered by The PLS and its affiliates). You agree not to submit any User Content to The PLS unless you has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on your website or on the Website. Specifically, you will not submit a photograph if you received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the Website.

You agree to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Website. You shall not use robot, spider or other automated service to submit listings on the Website. Additionally, you agree to allow submitted property listing(s) and User Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of your website or the Website. The PLS shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website and The PLS shall have the right to modify the property listing in the exercise of its rights under this Agreement.

The PLS reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the Website. You are entirely responsible, and The PLS accepts no responsibility, for the User Content. While The PLS shall take all reasonable efforts for data backup and business resumption, you will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to The PLS. The PLS may add digital watermarks to certain parts of your property listing, including photographs. You agree that The PLS may adjust portions of the information contained within the Services (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of the property listings, but will serve as a means of uniquely identifying the property listings as having been supplied by you. You accept that this is a legitimate and lawful security precaution on the part of The PLS, and, in addition, accept that in the event that any third party has access to property listings that can be identified as having your unique adjustments a prima facie breach of security and of these Terms of Use on the part of you may be assumed by The PLS.

THE PLS STRONGLY RECOMMENDS THAT ALL BROKERS SEEK TO HAVE A FULLY EXECUTED EXCLUSIVE LISTING AGREEMENT SIGNED PRIOR TO UPLOADING ANY LISTING INFORMATION FOR SAID LISTING TO THE PLS.

EACH BROKER AND AGENT ACKNOWLEDGES THAT SOME BROKERS MAY NOT HAVE SIGNED LISTING AGREEMENTS AND IT IS IN THEIR SOLE DISCRETION TO VERIFY ALL INFORMATION THAT IS SUBMITTED AS CORRECT. BROKERS AND AGENTS ALSO ACKNOWLEDGE THAT SOME LISTINGS MAY BE DUPLICATED BY ONE OR MORE BROKERS AND HAVE MULTIPLE LISTING BROKERS REPRESENTING THEM AT ANY ONE TIME. BROKERS AND AGENT ALSO ACKNOWLEDGE THAT WHILE THE PLS MAKES BEST EFFORTS TO ENSURE ALL
INFORMATION ON THE SITE IS CORRECT AND TRUTHFUL, THE PLS ACCEPTS NO LIABILITY WHATSOEVER FOR THE ACCURACY OF ANY USER CONTENT. EACH USER ACKNOWLEDGES THAT SOME OR ALL OF THE INFORMATION CONTAINED IN ANY LISTING COULD BE COMPLETELY FALSE AND INCORRECT.

FURTHERMORE IT IS THE SOLE RESPONSIBILITY OF THE BROKER AND/OR THE AGENT TO VERIFY, CONFIRM AND EXECUTE ALL COMMISSION AGREEMENTS WITH THE LISTING AGENT FOR ANY AND ALL LISTINGS ON THE PLS. THE PLS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT THE VALIDITY OR TRUTHFULNESS OF ANY ADVERTISED COMMISSION AGREEMENT, AMOUNT OR STRUCTURE.

5. None of Our Services Is an Offer or Promise to Sell

The Services do not constitute an offer or promise to sell a specific real property or 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.

6. Being Honest With Us

The use by us of the information we collect from each User, including during the registration process, is detailed in our Privacy Policy. When you create an account, you must provide us with accurate and up-to-date information, for which you are solely responsible and liable and for the accuracy and consequences of which you indemnify us (as provided for herein).

7. Use of Certain Information

When you register with us, you are granting us permission to use your name on the Website and our related social media.

8. Deal with Us in Good Faith

By using the Website to become a member, you agree that you are signing up for the Services in good faith, and that you mean to use the Services for their intended purposes as real estate information tools and for no other reason. You also agree that you are a licensed real estate broker or agent in the jurisdiction in which you conduct real estate activities.

9. Security

While we work to protect the security of the User 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 through your account and all User Content. By accessing the Services, you agree that The PLS may create a user account for you. 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 in the Account section of the website

10. Our Rules About Your Data Privacy

The PLS.com Privacy Policy is set forth on the Website. Said Privacy Policy governs our collection, use, and disclosure of your data. Our Privacy Policy generally governs our collection, use, and disclosure of your personal information, is incorporated
into this Terms of Use. Please read that Privacy Policy carefully. 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, OUR MOBILE APPLICATIONS AND OUR SERVICES, WITHOUT LIMITATION, YOU CONSENT TO OUR PRIVACY POLICY.

11. Our Rules About Your User Content

You are solely responsible for the nature and specifics of the User Content. You agree to have the User Content comply with these Terms of Use. We may choose to monitor, and reserve the right to edit, the User Content which we find unacceptable or inappropriate. The PLS does not approve, control, or endorse your or anyone else's User Content, and has no obligation to do so. We reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates these Terms of Use.

You agree to provide accurate, complete, current, and truthful information when you add or edit facts which pertain to the User 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.

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 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.

When you provide User Content to the Website or otherwise, you grant The PLS 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 the User Content You acknowledge and agree that any User Content that you post or submit to The PLS may be redistributed through the Internet and other media channels, and may be viewed by the general public.

12. 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.

13. The PLS User Information Provided to Real Estate Professionals

You agree that you will not use any information about other The PLS members that is available to you or received by you as a result of your use of the Website or the Services (such as without limitation contact information sent to you when another User contacts you through your listing page) for any reason except to provide such other User with real estate services. You further agree never to use such information for any illegal or harmful purpose.

14. Intellectual Property and Licenses

A. Introduction. The Website including without limitation the components thereof, constitute our “Intellectual Property”. This means, without limitation that we have valuable and exclusive proprietary/ownership rights with respect to the Website which are protected by applicable trademark, copyright and patent laws of both the United States and any relevant foreign country.

As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

B. Your Use Of The Website. Your use of the Website does not entitle you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Website or is used in connection with the Website.

C. Limited License. The PLS.com grants you a non-sublicensable limited license to access and use the Website and Services. This limited license does not allow you to copy or sell our Services, the PLS Content and/or materials derived from the Services and/or the PLS Content; scrape or mine our Website, Services, the PLS Content or materials derived from the Website; or frame any part of the Website, the Services, the
PLS Content or materials derived from the Website. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or Services, and to block or prevent future access to and use of the Website 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 the Website or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms Of Use.

15. Our Materials Are Protected

The PLS Content, the Services and the Website, including our branding, trade dress, trademarks, trade names and logos (collectively "Materials"), are proprietary property of The PLS.com. To the extent applicable, the Materials are protected
by U.S. and international intellectual property laws, including copyright and trademark laws. The 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 "The PLS" or any other substantially similar name, trademark, trade dress, trade phrases, or product name of The PLS without our prior express written permission, which may denied in our sole and unqualified discretion.

16. Our Use of Third Parties' Marks Does Not Imply Endorsement

All trademarks, registered trademarks, product names, and logos appearing on the Website which are not owned by The PLS 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.

17. Real Estate Source Images And Related Matters:

The PLS 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 The PLS owns such source website or information them or licenses the same and shows by some writing or mark on them that The PLS owns or licenses the same. The PLS 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. The PLS 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 Website.

18. Access to User Content

Each User acknowledges and agrees that while The PLS makes reasonable and diligent efforts to protect the User Content as it appears on the Website, The PLS has no control over User Content 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 from Website in spite of PLS efforts to protect the User Content. Accordingly, the User Content may be used by those third parties possibly even to the financial detriment of the User.

19. Use of Information

You agree to treat The PLS Content as proprietary to The PLS. You agree that The PLS Content is reserved for members will be maintained as confidential and shall be protected as a trade secret of The PLS. The PLS does not ensure the accuracy of, endorse or recommend any of The PLS Content. Your use of The PLS Content is at your own risk.

THE PLS CONTENT IS PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY THE PLS, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

You shall limit access to and use of The PLS Content to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any of The PLS Content that is obtained from the Service, or that is otherwise made available to you in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with The PLS, including without limitation using the Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential User, nor shall you remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in or on the Website or the The PLS Content. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy The PLS Content or the Services; or decompiler, decode or reverse engineer The PLS software; or use The PLS products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes.

20. Passwords/Logins

You are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. The PLS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with these Terms Of Use.

21. Fees

At the present time, The PLS.com is not charging a fees for the Services. The PLS reserves the unqualified right to charge a monthly subscription fee for the Services. The notification of such change will be set forth in the Website and require you to submit the proper credit card information to us, or to opt out of being able to access the Services.

22. Dual Agency Disclosure

Real estate dual agency is not legal in every state. As a licensed real estate broker, it is the broker's responsibility to verify if this is a legal business practice in their respective state. The PLS shall in no way be responsible or liable for any damages or litigation from any you not behaving in accordance to the local real estate agency laws. Also, it is the broker's responsibility to assure that by using the PLS, they are not in violation with any MLS rules they may be subject to.

23. Unsolicited Commercial Email (Spam)

The PLS prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). The PLS has the right to revoke the privileges of any person or entity that breaches these terms.

24. Termination

The PLS reserves the right to terminate or suspend a your membership upon a good faith determination by The PLS of a violation of this Agreement or any material provision of another agreement between The PLS and you. Cause for termination includes, but is not limited to, breaches or violations of the Terms Of Use, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of the Services, nonpayment of fees owed by you in connection with The PLS or its affiliates' services, account inactivity or technical or security issues. Upon termination, The PLS shall have no obligation to maintain or forward any content in your account.

25. Modification

We reserve the right in our sole discretion to modify the Website and these Terms Of Use. Such changes can be made at any time and without the necessity of giving notice to you. The modification of these Terms Of Use will be posted on the Website. As you continue to use the Website after we have posted the modification, you will be agreeing - without action on your part - to be bound by the modified Terms Of Use. You remain free at any time to cease using the Website.

26. Ownership and License Grant

The PLS retains all rights and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompiler, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of The PLS technology or delete or alter author attributes or copyright notices. You shall use the Website and the Services solely for your own individual use and shall not share passwords with others or allow others to use Website
under or through that your login ID/email and password; nor shall you use the Website to list properties or conduct searches on behalf of other brokerage, research, analyst, sales or other similar personnel.

27. Limitation of Liability

IN NO EVENT SHALL THE PLS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ATTENDANT TO OR ARISING FROM THE USE OF THE SERVICES AND/OR THE WEBSITE OR ANY MATTER PERTAINING TO THE SERVICES OR THE WEBSITE. THIS LIMITATION REGARDING DAMAGES INCLUDES WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE PLS SERVICES, PRIVATE LISTING FUNCTIONALITY OR YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE AND CONFIDENT).

28. Indemnification Of The PLS by You

A. Introduction. Set forth below are the terms and conditions by which you indemnify us in the event that a third party - whether a client of yours, a potential client of yours or otherwise - names us in a lawsuit or otherwise proceeds against us while asserting that your alleged failure or omission, including the failure to fully or properly perform an obligation which such third party believes (however correctly or incorrectly) is owed to such third party, has caused harm to such third party.

B. Definitions.
“Claim” means a claim, or cause of action, or suit for damages, losses, obligations and/or liabilities (including without limitation, damage to persons, property, or the environment) made against us by a person or entity other than you which:(i) claims, threatens or asserts that The PLS.com, LLC Group is responsible or liable for damages, losses, obligations and/or liabilities suffered or supposedly suffered by such third party, regardless of the legitimacy of such claim, threat or assertion, and (ii) either (a) mentions you as being involved or responsible for the supposed harm suffered by the person or entity making the Claim or (b) is believed by us in good faith to be derived in any degree (1) from the actions or omissions of you and/or (2) from the inaccurate representations or misrepresentations which you have made to such other person or entity.

“Legal Proceeding” means any lawsuit, action, legal proceeding or administrative proceeding pertaining to or involving the Claim.

“Negotiations” means all negotiations and the exchange of one or more documents (including e-mails) pertaining to the Claim, including written responses and counter responses, during the course of the Legal Proceeding even if such activities do not lead to a settlement or dismissal of the Claim.

“The PLS.com, LLC Group” means The PLS.com, LLC, a California Limited Liability Company, its subsidiary and affiliated companies, its officers, directors, employees and members, and its successors and assigns, and each of them.

C. Indemnification Of Us By You.
If a Claim is made against The PLS.com, LLC Group, then you shall:
(1). Defend the Claim at your sole expense.
(2). Indemnify and hold harmless The PLS.com, LLC Group from and against the Claim (except to the extent that such Claim pertains to or is derived from the actions or omissions of The PLS.com, LLC Group).
(3). Pay The PLS.com, LLC Group on a current basis, all reasonable costs and expenses (including, without limitation, reasonable attorneys', accountants' and other professional fees and expenses) incurred by The PLS.com, LLC Group in connection with the Claim, including without limitation such reasonable costs and expenses attendant to the Negotiations.

D. Certain Matters Relating to Your Indemnification.
The PLS.com, LLC Group shall give written notice to you of the Claim. Such notice shall include a copy of the Claim and shall constitute the assertion by The PLS.com, LLC Group that both the defense of the Claim by you and the indemnity of The PLS.com, LLC Group are being sought.

The defense of the Proceeding shall be conducted by legal counsel selected by the reasonable agreement of you and us.
We shall be kept fully informed by the you at all stages of the Proceeding.
You shall not make any settlement in or with respect to the Proceeding without our prior written consent of The PLS.com, LLC Group.
Nothing contained herein shall mean or be construed to mean that we shall not have the right to participate in the Proceeding represented by legal counsel unilaterally selected by us.

If you do not assume the defense of the Claim, then we may defend against the Claim, after giving notice of the same to you, on such terms as we may deem appropriate. In such case, (i) you shall be entitled to participate in (but not control) the defense of the Claim and (ii) you shall pay The PLS.com, LLC Group all reasonable costs and expenses (including, without limitation, reasonable attorneys', accountants' and other professional fees and expenses) incurred by The PLS.com, LLC Group in connection with the Claim.

If you thereafter seek to question the manner in which The PLS.com, LLC Group defended the Claim or the amount or nature of any such settlement pertaining to the Claim, then you shall have the burden to prove by a preponderance of the evidence that The PLS.com, LLC Group did not defend or settle the Claim in a reasonably prudent manner.

The duty to defend as set forth herein applies even if the final result of the Proceeding is a determination that you were not responsible or liable for the harm or damages suffered by the person or entity who or which made the Claim.

E. Remedies Cumulative. The remedies provided for in this Section of the Terms Of Use shall be cumulative and shall not preclude assertion by The PLS.com, LLC Group of any other rights or the seeking of any other remedies against you.

F. Survival. The provisions of this Indemnity Section of the Terms Of Use shall survive the termination of your relationship with us regardless of when or how such relationship is terminated. Without limiting the generality of the foregoing, neither your ceasing to use the Website or the termination of your relationship with us (regardless of whether you or we initiate such termination) means that your obligation to indemnify The PLS.com, LLC Group is terminated or will be terminated.

29. Your Exclusive Remedy

Your exclusive remedy, and The PLS's entire liability under this Agreement shall be a refund to you of the fees paid to The PLS - if and when The PLS charges such fee (which is not the current policy). IN NO EVENT WILL THE PLS's LIABILITY EXCEED SUCH FEE.

30. Sharing Of Information

The PLS 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, without limitation.
You acknowledge and agree that if The PLS is subject to a valid state or federal court subpoenas, or a subpoenas issued by a proper law enforcement entity of department, or a subpoenas of state and federal regulatory agencies, The PLS will be compelled by law and must share specific and nonspecific data with third parties in the manner required by such subpoena.

The PLS will not sell any User Content to third parties.

31. Warranty Disclaimers

THE SERVICES, AND THE PLS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE PLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND/OR THE PLS CONTENT INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. THE PLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. THE PLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE PLS'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE WEBSITE , INCLUDING THE SERVICES AND THE PLS CONTENT, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PLS OR ITS SERVICES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

32. Maps and Directions Disclaimer

The maps and directions information provided by The PLS have been obtained from sources believed reliable, including Google Maps. Google Maps is supplied by Google Inc, and its use is subject to Google's applicable “Terms of Use” or similar agreement. We have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither The PLS nor its owners, officers or suppliers assume any responsibility for loss, damage or delay caused by your use of and/or reliance on your use of The PLS’s Content or the Services.

33. Links to Third Party Sites

This Website may contain hyperlinks to other websites operated by parties other than the PLS which are beyond The PLS's control. Parties other than the PLS may provide services or sell product lines on the Website that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use The PLS's Materials as part of a co-branding relationship. For example, if you click on a banner
advertisement the click may take you off the PLS site. The PLS does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. The PLS does not assume any liability for the actions, product, and content of all of these and any other third parties. The PLS makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the Website, the site you will land on is not controlled by The PLS and different terms of use and privacy statements may apply. The PLS also does not
assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

34. Other Rights of The PLS.com, LLC

You agree that The PLS shall have the right to use your Listing information for any purpose, including without limitation for publication on the Internet and for marketing purposes. The PLS shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. The PLS shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.

35. Copyright Issues

If you believe that the any information on the Website has been copied onto to Website or used on the Website in a way that constitutes copyright infringement, please provide The PLS the written information specified below. Please note that this procedure is exclusively for notifying The PLS that copyrighted material may have been infringed and is not an approval of your assertion. If the following is complied with, The PLS will review
the situation accordingly.

  • 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 Website, with identifying information for the listing, if applicable;
  • 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.

42. Representations Of Brokers and Agents By Registering On The Website

Anyone who identifies himself or herself as a broker or agent on the Website member registration form hereby represents and warrants that you are a validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which you are required to be licensed. The PLS may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any person or entity whom The PLS believes is not a licensed broker or agent in any applicable jurisdiction. The PLS may, in its sole discretion, terminate the accounts of, and refuse services to, any person or entity who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such person or entity is not a licensed broker. The PLS does not and shall not have any obligation to independently verify the licensing status of individuals identified as brokers and agents on the Website. It is your responsibility to confirm the licensed status of any brokers listed on the Website.

43. Governing Law

These Terms Of Use, shall be governed by the laws of the State of California, without reference to conflict of laws principles.

44. Arbitration of Disputes

A. General. Any controversy or claim arising out of, or relating to, these Terms Of Use, the breach thereof, or the validity of this arbitration provision, shall be settled by binding arbitration in Los Angeles County in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable relief, including but not limited to, prohibitory or mandatory injunctions, specific performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration under the provisions hereof, provided that such party stipulates in such action, at any other party's request, to arbitration on the merits of said case.

The immediately preceding paragraph means that your use of this Website and your being a member constitute your agreement that if any dispute arises between you and us with pertains to these Terms Of Use (which cannot otherwise be resolved through communication between you and us) any such dispute, including all aspects relating to such dispute, whether relating to the alleged breach, termination, enforcement, interpretation or validity of these Terms Of Use or the use of the Website, or your membership (each and all of such matters being referred to herein as a “Dispute”) will be settled by binding arbitration, as described herein.

B. Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

C. Arbitration Procedure. If you believe that a Dispute has arisen and you desire to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

You are specifically advised that the arbitrator will have wide the discretion in conducting the arbitration.
D. Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

If you prevail in the arbitration you may be entitled to an award of attorneys' fees and expenses, to the extent provided under California. If we prevail in the arbitration, we may be entitled to an award of attorneys' fees and expenses.

E. Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA.

45. Venue

The Arbitration described above shall be brought exclusively in Los Angeles County, California. This means that you are waiving any claim or defense that such forum is not convenient or proper. In addition, you are agreeing that a final judgment in any such arbitration shall be conclusive and may be enforced in Los Angeles County and in such other jurisdictions in the manner specified by law.

46. Severability

A. General. If any provision of these Terms Of Use, as applied either to you or us or to any circumstance, shall be found to be void, invalid or unenforceable, this shall in no way affect any other provision of these Terms Of Use, or the application of any such provision in any other circumstance, or the validity or enforceability of these Terms Of Use. In addition, any provision which is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.

B. Foreign Jurisdictions. Without limiting the generality of Paragraph A. immediately above, if any of the provisions of these Terms Of Use is inconsistent with the law of any jurisdiction outside of the United States, then these Terms Of Use shall be read and applied as if such provision is not a part of these Terms Of Use.

47. Effect of Waiver

No waiver by you or by us of any term or condition of these Terms Of Use shall be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this or any other agreement. All remedies, rights, undertakings, obligations and agreements contained in these Terms Of Use shall be cumulative, and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.

48. No Assignment

These Terms Of Use are not to be assigned by you to another person entity and any attempted assignment by you shall be null and void and have no effect. We may assign these Terms Of Use to any affiliate of ours without your consent. Subject to the immediately preceding two sentences, these Terms Of Use and all provisions hereof, shall inure to the benefit of and be binding upon each of us, and the respective successors in interest, assigns, administrators, executors, heirs and devisees of each of us. You acknowledge that if you die, the ability of your successor(s) in interest (whether one or more heirs, one or more beneficiaries and/or your court appointed administrator(s) or executor(s) or otherwise) to access the Website and use your login and password is not authorized by these Terms Of Use.

49. No Third Party Beneficiary

These Terms Of Use do not and are not intended to confer any rights or remedies upon any person other than you and us. This includes the fact that if you die, the ability of your successor(s) in interest (whether one or more heirs, one or more beneficiaries and/or your court appointed administrator(s) or executor(s) or otherwise) to access the Website and use your login and password information is not authorized by these Terms Of Use.

50. Interpretation

These Terms Of Use are to be interpreted fairly and simply, and not strictly for or against either you or us, regardless of the fact that we have prepared these Terms Of Use.

51. Notices

All notices to The PLS.com, LLC must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at The PLS.

52. Privacy Policy

We have established a Privacy Policy which pertains to the information which we obtain from you. The Privacy Policy is posted at the Website. You are encouraged to carefully read the Privacy Policy.

53. Entire Agreement

These Terms Of Use constitute the entire agreement between you and us and supersedes all previous agreements and understandings, whether oral or written, between you and us with respect to the subject matter of this Agreement.

Contact Email: info@thepls.com
Last Updated: April 14, 2017
© ThePLS.com, LLC 2017