By accessing or using this Website, User agrees to bound and governed by the following:
- “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.
- “SB POCKET 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, SB POCKET.com
- “User Content” means, separately and collectively, property descriptions, text, photographs, images, videos, graphics and financials, reviews, contact or other information which you submit to SB POCKET.
- “We” means SB POCKET.com
- “You” means the user of the website.
- “Your” is a reference to something which belongs or refers to You.
2. General Provisions
SBPOCKET.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 in Santa Barbara. SB POCKET is a service that links real estate brokers and licensed agents only. No association affiliates.
SBPOCKET.com is a Pocket Listing search service for non-MLS listings.
If you are not a real estate broker or a licensed real estate agent who performs services for a real estate broker in Santa Barbara, then you are not eligible to use the services of SBPocket.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.
SBPOCKET.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. SBPOCKET.com is a service for real estate brokers and agents located within the Santa Barbara area. SB POCKET is not involved in any real estate listing or sales activities. SB POCKET 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 SBPocket.com. To add real estate to the properties able to be viewed through the website, you must be a licensed real estate broker. SB Pocket does not receive any real estate commissions before, during or after any resulting transactions.
SB POCKET does not work directly with any real estate buyers. SBPOCKET.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. SB POCKET will not discuss, by email or otherwise, any real estate listings that are seen on the website.
3. Membership Privileges
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 SB POCKET. By completing the registration process, you represent and warrant that the information provided is true, accurate, complete and current. SB POCKET requires that each registered user maintain a valid real estate license, 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.
SB POCKET utilizes email as a vital and primary communication channel with you. As a User, you hereby acknowledge and grant SB POCKET the permission to communicate with you via email (as well as other communication channel such as phone) for any purposes SB POCKET determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages.
SB POCKET will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will SB POCKET have any liability for sending any email to you. By becoming a user, you acknowledge and agree that SB POCKET and any of its affiliates may record telephone and other electronic communications it has with you for SB POCKET’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 SB POCKET use of and rights in and to all User Content that you upload, post, e-mail or otherwise transmit to SB POCKET; (b) your license of such User Content to SB POCKET hereunder does not, and the use or license of such User Content by SB POCKET 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, SB POCKET acknowledges that you retain any applicable ownership rights that you may have with respect to the User Content. You nonetheless grant SB POCKET 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 SB POCKET 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 SB POCKET and its affiliates). You agree not to submit any User Content to SB POCKET unless you have 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. SB POCKET 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 SB POCKET shall have the right to modify the property listing in the exercise of its rights under this Agreement.
SB POCKET 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 SB POCKET.
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 SB POCKET makes best efforts to ensure all information on the site is correct and truthful, SB POCKET 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 SB Pocket. SB Pocket 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
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.
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.
10. Our Rules About Your Data Privacy
11. Our Rules About Your User Content
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 SB POCKET 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 SB POCKET 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. User Information Provided to Real Estate Professionals
You agree that you will not use any information about other SB POCKET 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, trade name, logo, or copyright notice which appears on the website or is used in connection with the Website.
15. Our Materials Are Protected
SB POCKET Content, the services and the website, including our branding, trade dress, trademarks, trade names and logos (collectively “Materials”), are proprietary property of SB POCKET. 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 “SB POCKET” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of SB POCKET 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 SB POCKET 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:
SB POCKET 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 SB POCKET owns such source website or information them or licenses the same and shows by some writing or mark on them that SB POCKET owns or licenses the same. SB POCKET 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. SB POCKET 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 SB POCKET makes reasonable and diligent efforts to protect the User Content as it appears on the website, SB POCKET 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 SB POCKET 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 SB POCKET Content as proprietary to SB POCKET. You agree that SB POCKET Content is reserved for members and will be maintained as confidential and shall be protected as a trade secret of SB POCKET. SB POCKET does not ensure the accuracy of, endorse or recommend any of SB POCKET Content. Your use of SB POCKET Content is at your own risk.
SB POCKET 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 SB POCKET, you should consult an appropriate professional.
You shall limit access to and use of SB POCKET 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 SB POCKET 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 SB POCKET, 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 SB POCKET Content. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy SB POCKET Content or the Services; or decompiler, decode or reverse engineer SB POCKET software; or use SB POCKET products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes.
AT THE PRESENT TIME, SB POCKET IS NOT CHARGING A FEES FOR THE SERVICES. SB POCKET 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. SB POCKET 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 SB POCKET, they are not in violation with any MLS rules they may be subject to.
23. Unsolicited Commercial Email (Spam)
SB POCKET prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). SB POCKET has the right to revoke the privileges of any person or entity that breaches these terms.
26. Ownership and License Grant
SB POCKET 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 SB POCKET 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 SB POCKET 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 or other persons 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 sb pocket services, private listing functionality or your failure to keep your login and/or password secure and confident.
28. Indemnification Of SB POCKET 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.
“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 SB POCKET 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.
C. Indemnification Of Us By You.
If a Claim is made against SB POCKET then you shall:
(1). Defend the Claim at your sole expense.
(2). Indemnify and hold harmless SB POCKET from and against the Claim (except to the extent that such Claim pertains to or is derived from the actions or omissions of SB POCKET
(3). Pay SB POCKET on a current basis, all reasonable costs and expenses (including, without limitation, reasonable attorneys’, accountants’ and other professional fees and expenses) incurred by SB POCKET in connection with the Claim, including without limitation such reasonable costs and expenses attendant to the Negotiations.
D. Certain Matters Relating to Your Indemnification.
SB POCKET shall give written notice to you of the Claim. Such notice shall include a copy of the Claim and shall constitute the assertion by SB POCKET that both the defense of the Claim by you and the indemnity of SB POCKET 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 SB POCKET. 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 SB POCKET all reasonable costs and expenses (including, without limitation, reasonable attorneys’, accountants’ and other professional fees and expenses) incurred by SBPOCKET.com, LLC Group in connection with the Claim.
If you thereafter seek to question the manner in which SB POCKET 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 SB POCKET 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.
29. Your Exclusive Remedy
Your exclusive remedy, and SB POCKET’s entire liability under this Agreement shall be a refund to you of the fees paid to SB POCKET – if and when SB POCKET charges such fee (which is not the current policy). IN NO EVENT WILL SB POCKET’s LIABILITY EXCEED SUCH FEE.
30. Sharing Of Information
SB POCKET 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 SB POCKET is subject to a valid state or federal court subpoenas, or subpoenas issued by a proper law enforcement entity of department, or subpoenas of state and federal regulatory agencies, SB POCKET will be compelled by law and must share specific and nonspecific data with third parties in the manner required by such subpoena.
31. Warranty Disclaimers
The services, and SB POCKET content are provided “as is” without warranty of any kind. SB Pocket makes no promises, representations or warranties, either express, implied, statutory, or otherwise, with respect to the services and/or SB Pocket content including their accuracy, operation, conformity to any representation or description, or the existence of any latent or patent defects. SB Pocket specifically disclaims all implied warranties of merchantability, title, quiet enjoyment, workmanlike effort, non-infringement and fitness for a particular purpose, warranties relating to encumbrances 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. SB Pocket makes no promises, representations or warranties that access to SB Pocket’s services will be uninterrupted or secure. Any material downloaded from the website , including the services and SB POCKET 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 SB Pocket 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
33. Links to Third Party Sites
34. Other Rights SB Pocket
You agree that SB POCKET shall have the right to use your pocket listing information for any purpose, including without limitation for publication on the Internet and for marketing purposes. SB POCKET 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. SB POCKET 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 SB POCKET the written information specified below. Please note that this procedure is exclusively for notifying SB POCKET that copyrighted material may have been infringed and is not an approval of your assertion. If the following is complied with, SB POCKET 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. SB POCKET 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 SB POCKET believes is not a licensed broker or agent in any applicable jurisdiction. SB POCKET 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. SB POCKET 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
44. Arbitration of Disputes
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 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.
The Arbitration described above shall be brought exclusively in Santa Barbara 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 Santa Barbara County and in such other jurisdictions in the manner specified by law.
47. Effect of Waiver
48. No Assignment
49. No Third Party Beneficiary
All notices to SB POCKET must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to SB POCKET.
53. Entire Agreement