Terms of Service
Introduction
Welcome to locqube Inc. (“locqube,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, services, and applications (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
Purpose of the Terms
These Terms ensure a clear understanding of the rights and responsibilities of all users of our Platform, facilitating a safe and transparent environment.
Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Electronic Communications and Signatures
By using the Platform, you consent to receive communications from us electronically.
You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Your electronic acceptance of these Terms, by clicking “Accept,” constitutes your signature and agreement to be bound by these Terms and any agreements incorporated herein.
Platform Summary
Homeowners (“Members”): locqube enables homeowners to list their residential properties for sale using our technology platform.
Real Estate Broker: locqube acts as the real estate broker for homeowners, managing their listings.
Buyers (“Members”): Buyers can search for and view property listings without credentials. To request a tour or make an offer, buyers must create a profile with personal information and an attestation of ability to buy, which may be verified by uploading a pre-approval letter from a lender.
Transaction Facilitation: locqube manages the transaction process but does not own or control the properties listed.
Amendments to Terms
locqube reserves the right to modify these Terms at any time. Updated Terms will be posted on the Platform, and continued use constitutes acceptance.
We may modify or discontinue any part of the Platform at any time without notice.
Additional Agreements
By using the Platform, you also agree to our Privacy Policy and any other terms or policies referenced herein or on the Platform.
These Terms, along with the Privacy Policy and any other agreements, constitute the entire agreement between you and locqube.
Definitions
locqube Inc.: The legal entity operating under the name locqube.
Platform: The website, services, and applications provided by locqube.
Member: Any individual or organization that accesses or uses the Platform, including Homeowners and Buyers.
Homeowner: A Member who lists residential properties for sale on the Platform.
Buyer: A Member who searches for, views, or inquires about property listings and may create a profile to request tours or make offers.
Service Fees: Any fees charged by locqube for the use of the Platform and services provided.
User Data: Any data or information provided by Members during registration or use of the Platform.
Eligibility
Age Requirement: You must be at least 18 years old to create an account and use the Platform features that require registration.
Compliance: You agree to comply with all applicable local, state, and federal laws and regulations when using the Platform.
Account Registration
Account Creation: To access certain features of the Platform, such as requesting a tour or making an offer, you must register for an account. Homeowners must also register for an account to access property information, market reports, insights, the equity calculator, list their home, and manage their listings.
Buyer Profile Requirements: When creating a buyer profile, you are required to provide personal information and an attestation of your ability to purchase a property, which may be verified by uploading a pre-approval letter from a lender.
Responsibility: You are responsible for maintaining the confidentiality of your account credentials.
Account Suspension or Termination: locqube reserves the right to suspend or terminate your account for violations of these Terms.
User Responsibilities & Conduct
Members must:
Provide accurate and up-to-date information.
Interact respectfully and comply with all applicable laws and regulations.
Refrain from:
Posting unlawful, misleading, or offensive content.
Using the Platform for illegal activities.
Interfering with the security or proper functioning of the Platform.
Circumventing service fees or acting in bad faith.
Compliance with Laws
You agree to comply with all applicable local, state, and federal laws and regulations in connection with your use of the Platform.
No Agency Relationship
Except as expressly stated in these Terms or in other agreements between you and locqube, nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employer-employee relationship between you and locqube.
Listings and Transactions
Homeowner Responsibilities: Homeowners are responsible for ensuring their listings are accurate and up-to-date.
locqube’s Rights: locqube may remove or modify any listing that violates these Terms.
Buyer Responsibilities: Buyers must provide truthful information when creating a profile and attest to their ability to purchase properties. Buyers may be required to provide verification of their financial ability to buy, such as a pre-approval letter from a lender.
Transaction Facilitation: locqube facilitates transactions but is not a party to the sales contract between Homeowners and Buyers.
Property Valuation Disclaimer
Except as expressly stated in these Terms or in other agreements between you and locqube, nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employer-employee relationship between you and locqube.
Payment & Fees
All service fees and brokerage commissions are outlined on the Platform.
Non-payment may result in account suspension or listing removal.
Payments are processed through third-party escrow agents during transactions.
Third-Party Services and Content
locqube integrates with third-party services (e.g., data providers, MLS databases).
locqube is not responsible for the reliability, accuracy, or content of third-party data or websites accessible through the Platform.
Marketing and Exposure
locqube integrates with third-party services (e.g., data providers, MLS databases).
locqube is not responsible for the reliability, accuracy, or content of third-party data or websites accessible through the Platform.
Closing Process
Homeowners and Buyers are responsible for managing the closing process, including the transfer of title and payment of applicable taxes and fees.
locqube may assist with closing but is not responsible for the execution of the process.
Disclaimer of Warranties
The Platform is provided on an “as is” and “as available” basis. locqube makes no warranties, express or implied, regarding the Platform, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, secure, or error-free.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LOCQUBE INC., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES RESULTING FROM:
BREACH OF CONTRACT,
BREACH OF WARRANTY,
NEGLIGENCE, OR
ANY OTHER CAUSE OF ACTION.
IF YOU HAVE ANY DISPUTE OR CLAIM AGAINST LOCQUBE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE PLATFORM. IN NO EVENT WILL LOCQUBE'S LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO LOCQUBE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Indemnification
You agree to indemnify, defend, and hold harmless locqube, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with:
Your access to or use of the Platform.
Your violation of these Terms.
Your violation of any rights of any third party.
Privacy Policy Integration
Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share your personal information. By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
User Feedback
Any feedback, comments, or suggestions you may provide regarding locqube or the Platform are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Force Majeure
locqube shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to:
Acts of God.
War.
Terrorism.
Riots.
Embargoes.
Acts of civil or military authorities.
Fire, floods, accidents, pandemics.
Shortages of transportation facilities, fuel, energy, labor, or materials.
Notices
locqube may provide notifications via email, written or hard copy notice, or conspicuous posting on our website, as determined at locqube’s sole discretion.
Notices shall be deemed effective upon receipt or publication.
Modifications to the Platform
locqube reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice.
You agree that locqube will not be liable for any modification, suspension, or discontinuance of the Platform or any part thereof.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms, along with the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and locqube regarding the use of the Platform, superseding any prior agreements.
Termination
User Termination: You may terminate your account at any time by following the instructions on the Platform.
locqube Termination: locqube reserves the right to terminate or suspend your account or access to the Platform for any reason, including violations of these Terms.
Survival: Any active agreements, including the Exclusive Right to Sell Agreement, will survive account termination.
Term and Survival
.These Terms remain in effect while you use the Platform and after termination of your account. All provisions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts and waive any objection to the venue of such courts.
Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction that requires the application of the laws of your jurisdiction, nothing in these Terms affects your rights under such laws.
Children’s Online Privacy Protection
The Platform is not intended for use by individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use the Platform or provide any personal information.
Dispute Resolution and Arbitration
Any disputes arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
The arbitration shall take place in Delaware, unless otherwise required by applicable law or agreed upon by the parties.
The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
By agreeing to arbitration, you understand that you are waiving your right to a jury trial or to participate in a class action.
Disclosures Required by Law
locqube complies with all applicable real estate laws and regulations. Any legally required disclosures are provided within the Platform or through direct communication with users as necessary.
Acceptance of Electronic Signatures
By clicking “Accept” or using the Platform, you agree that your electronic signature is the legal equivalent of your manual signature and that you consent to be legally bound by these Terms and any applicable agreements.
Last Updated: October, 18th. 2024.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: hi@locqube.com
Address: 780 Morris Park Avenue, Bronx, NY 10462
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all other policies incorporated herein.
