Please read these Terms of Service carefully before using our websites, forms, online services, or other digital services.

These Terms of Service (“Terms”) govern your access to and use of websites, landing pages, forms, scheduling pages, and other online services operated by or on behalf of The Nick Shivers Team, operated by WestOne Properties, Inc., and doing business under or otherwise using the trade name My Rocket Listing (collectively, “Nick Shivers Team,” “My Rocket Listing,” “Company,” “we,” “us,” or “our”).

These Terms apply to our websites and online services, including https://www.nickshivers.com/, as applicable.

By accessing or using our websites or services, submitting a form, requesting information, or otherwise interacting with our online services, you acknowledge and agree to these Terms. If you do not agree with these Terms, please do not use our websites or online services.

1. DEFINITIONS

For purposes of these Terms:

“Company,” “we,” “us,” or “our” means WestOne Properties, Inc., The Nick Shivers Team, and My Rocket Listing, as applicable.

“Services” means our websites, landing pages, online forms, appointment scheduling tools, communications platforms, real estate information services, and other online services operated by or on behalf of the Company.

“Website” means websites and online properties operated by or on behalf of the Company, including https://www.nickshivers.com/.

“You” or “your” means the individual accessing or using the Services or the individual or entity on whose behalf the Services are being accessed or used.

2. ACCEPTANCE OF THESE TERMS

By accessing or using the Services, you agree to comply with these Terms and all applicable laws and regulations.

Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, disclose, and otherwise process personal information.

Where separate consent is required for certain communications, marketing activities, automated technologies, or other purposes, your acceptance of these Terms does not replace that separate consent.

3. ELIGIBILITY

Our Services are intended primarily for adults seeking information or services relating to real estate.

By using our Services, you represent that you are at least 18 years old or otherwise legally capable of entering into agreements applicable to your use of the Services.

4. REAL ESTATE SERVICES

The Nick Shivers Team and My Rocket Listing provide information and services relating to residential and other real estate matters, which may include:

• Assisting property owners interested in selling real estate
• Assisting consumers interested in purchasing real estate
• Traditional real estate listing services
• Buyer representation
• Property valuations and comparative market analyses
• Cash-offer and alternative home-selling options
• Property walkthroughs
• Real estate consultations
• Appointment scheduling
• Referrals to real estate professionals or related service providers
• Other real estate-related services

The availability and terms of any particular service may vary depending on property location, condition, market conditions, applicable laws, brokerage requirements, and other factors.

5. NO AGENCY OR BROKERAGE RELATIONSHIP CREATED BY WEBSITE USE

Visiting our Website, submitting a form, requesting information, communicating with our team, requesting a property valuation or cash offer, or scheduling an appointment does not by itself create a real estate agency, brokerage, fiduciary, listing, buyer-representation, or other professional relationship between you and the Company or any individual real estate professional.

Any real estate agency or brokerage relationship will be established only through the appropriate written agreement when required by applicable law.

Nothing contained on our Website or in preliminary communications should be interpreted as creating an agency relationship where one has not otherwise been established.

6. PROPERTY INFORMATION AND VALUATIONS

Property information displayed or communicated through our Services may come from public records, multiple listing services, third-party property databases, automated valuation models, real estate professionals, consumers, or other sources.

We do not guarantee that property information is complete, accurate, or current.

Any property valuation, estimated value, comparative market analysis, automated valuation, suggested listing price, or similar information is provided for informational purposes unless expressly stated otherwise.

Such information is not an appraisal unless specifically performed and identified as such by a properly licensed or certified appraiser.

Actual property value and sale price may vary based on market conditions, property condition, inspections, improvements, location, buyer demand, financing, title matters, and numerous other factors.

7. CASH OFFER REQUESTS

Our Services may allow property owners to request information about a potential cash offer or alternative home-selling option.

Submitting a cash-offer request:

• Does not obligate you to sell your property
• Does not obligate us or any third party to purchase your property
• Does not guarantee that an offer will be made
• Does not guarantee any particular offer amount
• Does not create a purchase agreement
• Does not create a listing or agency agreement

Potential offers may be subject to property review, walkthroughs, inspections, title review, market conditions, investor criteria, underwriting, property condition, and other factors.

We may discuss multiple selling options with you, including a traditional real estate listing, cash offer, or other available programs.

You are free to evaluate your options and are under no obligation to accept a particular selling method merely because you requested information through our Services.

8. NO GUARANTEE OF REAL ESTATE RESULTS

Real estate markets and transactions involve numerous factors outside our control.

Unless expressly stated in a signed written agreement, we do not guarantee:

• That a property will sell
• A particular sales price
• A particular timeframe for selling
• That a buyer will successfully purchase a property
• That financing will be available
• That a particular property will remain available
• That a cash offer will be made
• A particular cash-offer amount
• Any particular financial result from a real estate transaction

Past performance, previous sales results, testimonials, statistics, or examples do not guarantee future results.

9. INFORMATION YOU PROVIDE

When using our Services, you agree to provide information that is accurate to the best of your knowledge.

You agree not to knowingly:

• Provide false or misleading information
• Impersonate another person
• Submit information concerning a property when you have no lawful authority or legitimate interest in doing so
• Use our Services for fraudulent or unlawful purposes
• Interfere with or attempt to disrupt our Website or technology systems
• Attempt to gain unauthorized access to our systems or information
• Use automated systems to scrape, copy, or misuse Website content without authorization

10. TEXT MESSAGE AND SMS TERMS

If you provide a mobile telephone number and consent to receive text messages, The Nick Shivers Team, My Rocket Listing, and/or WestOne Properties, Inc., as applicable, may send text messages consistent with the consent you provided and applicable law.

Messages may include:

• Responses to inquiries
• Appointment confirmations and reminders
• Property information
• Cash-offer communications
• Real estate service information
• Transaction-related communications
• Customer service communications
• Follow-up communications
• Marketing or promotional communications when you have provided appropriate consent

Message frequency may vary. Message and data rates may apply.

Consent to receive marketing text messages is not a condition of purchasing any goods or services.

You may opt out of text messages at any time by replying STOP. You may reply HELP for assistance.

After opting out, you may receive a confirmation message acknowledging your request.

Opting out of one category of communications may not automatically opt you out of every communication channel or other communications that are legally permitted.

Your use of our text messaging services is also subject to our Privacy Policy.

11. EMAIL COMMUNICATIONS

If you provide an email address, we may use it to respond to inquiries, provide requested information, send appointment or transaction information, and otherwise communicate regarding our Services.

Where permitted by law and consistent with your communication preferences, we may also send marketing or promotional emails.

Marketing emails will include an unsubscribe mechanism where required.

Unsubscribing from marketing emails does not necessarily prevent us from sending transactional, administrative, appointment-related, or service communications otherwise permitted by law.

12. TELEPHONE COMMUNICATIONS

If you provide a telephone number, we may contact you regarding your inquiry, requested Services, appointments, property, or other real estate-related matters as permitted by law.

Where permitted by law and consistent with any required consent, calls may involve automated technology, prerecorded or artificial voice technology, or AI-assisted systems.

Consent to receive marketing communications is not a condition of purchasing goods or services where prohibited by law.

You may request that we discontinue marketing telephone calls.

13. ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS

We may use artificial intelligence (“AI”), automation, machine learning, conversational technologies, virtual assistants, and similar systems to support our Services and business operations.

These technologies may assist with:

• Responding to inquiries
• Lead follow-up
• Appointment scheduling
• Customer service
• Telephone communications
• Text messaging
• Email communications
• Website chat
• Appointment reminders
• Routing inquiries to appropriate team members
• Summarizing or organizing communications
• Maintaining CRM records
• Providing general information about our Services
• Assisting our team members with communications and administrative activities

You may therefore interact with communications that are generated, initiated, delivered, summarized, routed, or otherwise assisted by automated technology or AI.

AI-generated information may contain errors, omissions, or inaccuracies. You should independently verify information that is material to a real estate or financial decision.

AI-generated communications do not constitute legal, tax, financial, appraisal, lending, or other professional advice.

Where required by applicable law, we will provide appropriate notice or obtain required consent before using certain automated technologies.

You may request to communicate with a human representative when reasonably available.

14. CALL RECORDING AND COMMUNICATION MONITORING

Where permitted by applicable law and subject to any notice or consent required by law, telephone calls and other communications with us may be recorded, monitored, transcribed, summarized, or analyzed.

These activities may be used for:

• Customer service
• Training
• Quality assurance
• Recordkeeping
• Compliance
• Appointment management
• Transaction documentation
• Improving our Services

Automated or AI-assisted technology may be used to transcribe, summarize, categorize, or otherwise process communications.

15. APPOINTMENTS AND SCHEDULING

Our Services may allow you to schedule telephone calls, virtual meetings, consultations, property walkthroughs, or other appointments.

Submitting an appointment request does not guarantee that a particular agent or team member will be available.

Appointments may be assigned, reassigned, rescheduled, or canceled when reasonably necessary.

If you are unable to attend an appointment, we ask that you provide reasonable notice when possible.

16. THIRD-PARTY SERVICES

Our Services may use or integrate with third-party platforms and service providers, including providers of:

• Customer relationship management systems
• Scheduling services
• Telephone and text messaging services
• Email services
• Website hosting
• Analytics
• Advertising
• Artificial intelligence and automation
• Property data
• Mapping
• Real estate information
• Cloud storage
• Other business technology

Your interactions with certain third-party services may also be governed by those providers’ own terms and privacy policies.

We are not responsible for the independent practices of third parties that we do not own or control.

17. LINKS TO THIRD-PARTY WEBSITES

Our Website or communications may contain links to third-party websites or services.

We do not control and are not responsible for the content, availability, privacy policies, security, accuracy, or practices of third-party websites.

A link to a third-party website does not necessarily constitute an endorsement of that website, company, product, or service.

We encourage you to review the terms and privacy policies of third-party websites before providing personal information or conducting transactions with them.

18. PROFESSIONAL ADVICE DISCLAIMER

Information provided through our Website, forms, communications, AI systems, articles, marketing materials, or other Services is intended primarily for general informational purposes.

Unless expressly provided by an appropriately licensed professional acting within the scope of a professional relationship, information provided through our Services should not be considered:

• Legal advice
• Tax advice
• Financial advice
• Accounting advice
• Lending advice
• Insurance advice
• Appraisal advice

You should consult an appropriately qualified professional regarding matters requiring specialized professional advice.

19. FAIR HOUSING AND EQUAL OPPORTUNITY

We support and comply with the principles of the Fair Housing Act and applicable federal, state, and local fair housing and anti-discrimination laws.

Our real estate services are intended to be provided on an equal-opportunity basis and without unlawful discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, familial status, disability, source of income where protected by law, marital status where protected by law, or any other characteristic protected by applicable federal, state, or local law.

We do not intend for any information, advertising, property marketing, lead routing, communication, recommendation, or service provided through our websites or by our team to express or imply a preference, limitation, or discrimination based on a protected characteristic.

Any housing-related advertising, marketing, and real estate services offered by or through The Nick Shivers Team, My Rocket Listing, or WestOne Properties, Inc. are intended to comply with applicable fair housing laws.

 

20. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Website and its original content, text, graphics, logos, branding, design elements, photographs, videos, software, and other materials are owned by or licensed to the Company and may be protected by copyright, trademark, and other intellectual property laws.

You may use our Website for lawful personal and informational purposes.

You may not reproduce, distribute, modify, republish, sell, commercially exploit, scrape, or otherwise misuse protected Website content without appropriate authorization.

Third-party trademarks, logos, photographs, listing information, and other materials remain the property of their respective owners.

21. WEBSITE AVAILABILITY

We attempt to maintain reliable Services but do not guarantee that our Website or other Services will always be available, uninterrupted, secure, or error-free.

We may modify, suspend, restrict, or discontinue any portion of our Services at any time when reasonably necessary.

We are not responsible for interruptions caused by circumstances outside our reasonable control, including internet outages, third-party service failures, maintenance, cybersecurity incidents, natural disasters, or other events.

22. “AS IS” AND “AS AVAILABLE” DISCLAIMER

To the fullest extent permitted by applicable law, our Website and online Services are provided on an “AS IS” and “AS AVAILABLE” basis.

We make no warranty that:

• The Website will always be available
• Information will always be complete, accurate, or current
• The Website will be error-free
• Defects will always be corrected
• The Website or its servers will be free from viruses or other harmful components
• The Services will meet every user’s individual requirements

Nothing in this section limits any warranty or right that cannot legally be excluded under applicable law.

23. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, WestOne Properties, Inc., The Nick Shivers Team, My Rocket Listing, and their respective owners, officers, employees, agents, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of, or inability to use, our Website or online Services.

This includes, where permitted by law, damages arising from reliance upon information available through the Website, interruptions in service, third-party websites, unauthorized access, loss of data, or other matters relating to your use of the Services.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

24. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless WestOne Properties, Inc., The Nick Shivers Team, My Rocket Listing, and their respective owners, officers, employees, agents, and affiliates from claims, damages, liabilities, losses, and reasonable expenses arising from your unlawful use of the Services, your material violation of these Terms, or your infringement of another person’s rights.

This provision does not apply to the extent prohibited by applicable law.

25. PRIVACY

Your privacy is important to us.

Our collection, use, disclosure, and processing of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference to the extent permitted by applicable law.

Please review our Privacy Policy before using our Services or providing personal information.

26. TERMINATION OR RESTRICTION OF ACCESS

We may restrict, suspend, or terminate access to our Website or Services when reasonably necessary, including if we believe a user:

• Violated these Terms
• Used the Services unlawfully
• Attempted to compromise our systems or security
• Engaged in fraud or abuse
• Infringed another person’s rights
• Interfered with the operation of our Services

Termination of Website access does not affect rights or obligations arising from separate real estate agreements or transactions.

27. GOVERNING LAW

These Terms and your use of our Services will be governed by the laws of the State of Oregon, without regard to conflict-of-law principles, except where another jurisdiction’s laws are required to apply.

Your use of the Services may also be subject to applicable federal, state, and local laws.

28. DISPUTE RESOLUTION

If you have a concern or dispute relating to our Website or online Services, we encourage you to contact us first so we can attempt to resolve the matter informally.

Nothing in this section prevents either party from exercising rights or remedies available under applicable law.

These Terms do not modify any dispute-resolution provisions contained in a separate written real estate, brokerage, purchase, listing, or other agreement between you and us.

29. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where possible.

The remaining provisions will remain in full force and effect.

30. WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

A waiver of one breach does not constitute a waiver of any subsequent breach.

31. ENTIRE AGREEMENT REGARDING WEBSITE USE

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement between you and us regarding your use of our Website and online Services.

These Terms do not replace or modify separately executed real estate agreements, purchase agreements, listing agreements, buyer representation agreements, disclosures, or other transaction-specific contracts.

If there is a conflict between these Terms and a separately executed agreement governing a specific real estate transaction or professional relationship, the separately executed agreement will govern that matter.

32. CHANGES TO THESE TERMS

We may update these Terms periodically to reflect changes in our Services, business practices, technology, or applicable law.

When changes are made, we will update the “Last Updated” date at the top of these Terms.

When required by applicable law, we may provide additional notice of material changes.

Your continued use of our Website following the effective date of revised Terms constitutes acceptance of those revised Terms to the extent permitted by applicable law.

If you do not agree with revised Terms, you should discontinue use of our Website and online Services.

33. CONTACT US

If you have questions or concerns regarding these Terms of Service, please contact:

WestOne Properties, Inc.
The Nick Shivers Team / My Rocket Listing
2350 Willamette Falls Dr
West Linn, Oregon 97068
United States

Email: [email protected]
Phone: (503) 847-9200
Website: https://www.nickshivers.com/