TERMS OF SERVICE
Last Updated: Oct 2, 2024
- Introduction and Agreement to Terms
By accessing or using Lockhop’s services, you agree to comply with and be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of Lockhop’s platform, applications, and services. If you do not agree to these Terms, you may not access or use Lockhop.
- Definitions
- "Service" refers to Lockhop’s real estate platform, including its website, mobile applications, and any related services offered by Lockhop.
- "Bounties" refer to the rewards listing agents offer to buyer agents for showing properties, providing feedback, and pricing analysis, as further described in Section 6.
- "Listing Agent" refers to an agent who uses Lockhop’s platform to list properties and add bounties.
- "Buyer Agent" refers to an agent who schedules showings via Lockhop’s platform and may earn bounties.
- Changes to Terms
Lockhop reserves the right to modify these Terms at any time. The most current version of the Terms will be posted on the platform, and your continued use of the service after any updates will constitute acceptance of the revised Terms.
- Using the Service
You must be a licensed real estate agent and authorized to conduct real estate transactions in the jurisdictions where you use the Service. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
- Payments and Bounties
- Bounties Are Not Commissions: Bounties provided by listing agents on Lockhop’s platform are not commissions. They are rewards for market expertise and are only payable upon the completion and review of a successful property showing. These bounties do not constitute commission payments for closing a transaction.
- Payment Processing: Lockhop facilitates the payment of bounties between listing agents and buyer agents. You authorize Lockhop or its third-party payment processors to handle these transactions on your behalf.
- Bounty System
- Bounties are added by listing agents as a marketing tool to incentivize showings. Buyer agents earn bounties upon completing and providing feedback and pricing analysis for successful showings.
- Legal Disclaimer: Bounties are not to be interpreted as or used in place of commissions. Using Lockhop’s platform to advertise bounties as commissions or compensation for transactions is a violation of our Terms and may lead to suspension or termination of your account.
- Liability for Showings
- Agent Liability: Lockhop is a technology platform and does not participate in the actual transactions between listing and buyer agents. Any damages or issues that arise during a property showing or subsequent transactions are the responsibility of the buyer agent and their client.
- Release of Liability: By using the Lockhop platform, you agree that Lockhop is not liable for any damages, accidents, injuries, or disputes that occur as a result of showings or other services provided by buyer agents and their clients.
- Disclaimers and Limitation of Liability
- Lockhop provides the platform “as-is” and does not make any warranties or representations about the accuracy, reliability, or completeness of the service.
- Lockhop shall not be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, arising out of your use or inability to use the service.
- Indemnification
You agree to indemnify and hold harmless Lockhop, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the service, breach of these Terms, or violation of any law or rights of a third party.
- Dispute Resolution
- Arbitration: Any disputes arising under these Terms shall be resolved through binding arbitration, and you waive your right to participate in any class-action lawsuits.
- Governing Law: These Terms are governed by the laws of the state of California.
- User Responsibilities
- Accuracy of Information: Users, including both listing and buyer agents, are responsible for providing accurate and up-to-date information on the platform. Lockhop is not liable for any errors, misrepresentations, or omissions made by users.
- Compliance with Laws: You agree to comply with all applicable laws, regulations, and industry standards, including but not limited to real estate licensing requirements, advertising standards, highest ethical standards, and MLS guidelines.
- Intellectual Property
- Ownership: All content and materials available on the Lockhop platform, including but not limited to text, graphics, logos, and software, are the property of Lockhop or its licensors and are protected by intellectual property laws.
- License to Use: By submitting content (such as property listings, reviews, or agent profiles), you grant Lockhop a non-exclusive, royalty-free, worldwide, and perpetual license to use, distribute, and display such content in connection with the operation of the platform.
- User-Generated Content
- Content Responsibility: Users are responsible for any content they post or transmit on Lockhop, including but not limited to property listings, reviews, comments, and in-app messaging. Lockhop reserves the right to remove or moderate any content it deems inappropriate, misleading, or in violation of these Terms, including content transmitted through private or public in-app messaging features.
- Third-Party Links: Lockhop may provide links to third-party websites or services. Lockhop is not responsible for the content, policies, or practices of such third-party services.
- Termination of Accounts
- Suspension or Termination: Lockhop reserves the right to suspend or terminate user accounts for any reason, including but not limited to violation of these Terms, misuse of the platform, or illegal activity. Users will be notified of such action and may appeal the decision within a specified period.
- Effect of Termination: Upon termination, you will no longer have access to your account or the services offered by Lockhop. Any pending bounties may be forfeited at Lockhop’s discretion.
- Privacy and Data Protection
- Data Collection: Lockhop collects personal information from users as outlined in its Privacy Policy. By using the platform, you consent to the collection, use, and sharing of your information in accordance with the Privacy Policy.
- Data Security: While Lockhop implements measures to protect user data, it does not guarantee absolute security. You acknowledge and agree that you use the service at your own risk concerning data privacy.
- Service Availability
- No Guarantee of Availability: Lockhop does not guarantee that the platform will be available at all times. Temporary interruptions for maintenance, updates, or unforeseen issues may occur, and Lockhop is not liable for any disruptions.
- Force Majeure
Lockhop is not responsible for any delays or failures in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, internet outages, government regulations, strikes, or technical failures.
- Advertising and Promotion
- Marketing Features: Lockhop may use your account activity, including listings and performance data, for marketing purposes. This includes displaying successful transactions and user-generated content in promotions or advertisements.
- Agent and Broker Compliance
- MLS and Real Estate Compliance: By using Lockhop, agents agree to comply with all applicable MLS regulations, state and federal real estate laws, and advertising rules. Lockhop will not be held responsible for any violations committed by agents using the platform.