Terms of Use

Effective Date: May 2026  ·  Kerry J. McCaw, REALTOR  |  Berkshire Hathaway HomeServices Fox & Roach, Realtors  |  allofpocono.com

Please read these Terms of Use carefully before using this website. By accessing or using allofpocono.com and any related services (collectively, the Service), you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service. These Terms constitute a legally binding agreement between you and Agent and Brokerage (we, us, or our). Please note that these Terms include a mandatory arbitration provision and class action waiver in Section 15 that affects your legal rights.

Defined Terms

The following terms have specific meanings throughout this Agreement. Capitalized terms used but not defined below have the meanings given to them elsewhere in these Terms.

Agent

Kerry J. McCaw, REALTOR, Pennsylvania License No. RS278109, operating as an independent contractor affiliated with Berkshire Hathaway HomeServices Fox & Roach, Realtors.

Brokerage

Berkshire Hathaway HomeServices Fox & Roach, Realtors, a licensed real estate brokerage firm operating in the Commonwealth of Pennsylvania and affiliated states.

Service

The allofpocono.com website, including all pages, features, tools, search functions, contact forms, and any associated mobile applications or digital properties operated by Agent.

Content

All text, images, graphics, photographs, data, property listings, community information, blog posts, and any other material displayed, transmitted, or made available through the Service.

IDX Data

Property listing information provided through the Bright MLS Internet Data Exchange (IDX) program, including listing details, photographs, and associated property data supplied by participating brokers and licensees.

User / You / Your

Any individual or entity accessing or using the Service, whether or not registered for an account.

We / Us / Our

Agent and Brokerage, collectively, as the operators of the Service.

MLS

Bright MLS, the multiple listing service through which IDX Data is supplied to the Service. References to MLS include participating local boards within the Bright MLS service area, including the Pocono Mountains Association of Realtors (PMAR) and the Greater Lehigh Valley REALTORS (GLVR).

Account

A registered user profile created by a User to access certain features of the Service.

Terms

These Terms of Use, together with the Privacy and Copyright Policy and any other policies incorporated by reference, as amended from time to time.

1. These Terms

These Terms of Use apply to all visitors and users of allofpocono.com and any associated services. The terms you and your refer to any individual accessing or using the Service. We may amend these Terms from time to time. Changes will be posted to this page and will become effective 30 days after posting. Your continued use of the Service after any change constitutes your acceptance of the updated Terms. If you do not agree to any updated Terms, you must stop using the Service.

2. Use of the Service

A. Accounts

You may register and create an account to access certain features of the Service. Account registration is optional for general browsing but may be required for certain features that will be made available in the future. You are responsible for all activity that occurs under your account, for maintaining the confidentiality of your login credentials, and for ensuring that all account information is accurate and current. You will promptly notify us of any unauthorized use of your account or any security breach. You must be 18 years of age or older to register an account. By providing your email address you consent to receiving Service-related communications from us.

B. Service Rules

You will use the Service in accordance with these Terms and all applicable federal, state, and local laws. You may not:

• •Use the Service in violation of any third-party license or agreement
• •Collect, process, or store sensitive personal information including credit or debit card numbers, bank account information, or health information through the Service
• •Sublicense, sell, transfer, assign, distribute, republish, rent, lease, or transmit any part of the Service
• •Use, modify, copy, or create derivative works from the Service or its content without written permission
• •Frame, mirror, or embed any portion of the Service in any other website or application
• •Scrape or use any automated means to collect data from the Service
• •Reverse engineer, decompile, or disassemble any part of the Service
• •Remove, obscure, or alter any intellectual property rights notice on the Service
• •Send or store unlawful, infringing, harassing, defamatory, obscene, threatening, or otherwise objectionable content
• •Transmit malicious code, viruses, worms, Trojan horses, time bombs, or any code designed to disable or disrupt the Service
• •Interfere with, disrupt, or overburden the integrity or performance of the Service
• •Attempt to gain unauthorized access to any part of the Service or its related systems or networks
• •Use the Service in any way not expressly authorized by these Terms

C. Service Changes and Suspension

We may, without prior notice, change the Service, stop or suspend access to any or all features, or create usage limits. Your continued use of the Service after any change constitutes your acceptance of that change.

D. Monitoring

We have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, to ensure compliance with these Terms.

E. Your Representations

By using the Service, you represent and warrant that you:

• •Have the full right and authority to enter into these Terms
• •Are a prospective buyer, seller, or person with a genuine interest in real estate in the Pocono Mountain region
• •Will use property listing data solely to evaluate properties for personal purchase or sale, not for commercial redistribution
• •Will not contact any property owner or seller directly using information obtained through the Service, or attempt to enter any property without an appointment arranged through us
• •Will abide by all copyright restrictions applicable to content displayed on the Service
• •Have not signed any exclusive buyer or seller agreement with another broker that would prevent you from working with Agent or Brokerage
• •Will limit your property searches to properties within your genuine purchase ability or criteria
• •Acknowledge that we may represent other buyers or sellers in transactions involving properties that meet your stated criteria

F. Agent Users

Any user who holds a real estate license of any kind, including brokers, associate brokers, or salespersons, other than agents affiliated with Berkshire Hathaway HomeServices Fox & Roach, Realtors, must disclose their licensed status to us before accessing any password-protected content including listing data or data compilations. We reserve the right to deny or terminate access to any unlicensed or competitor-affiliated real estate professional, except for the limited purpose of verifying compliance with MLS rules.

G. Property Data Restrictions

All property listing data provided through the Service is for your personal, non-commercial use only and is not available for redistribution, retransmission, or copying. You may not sell or use such data for any purpose other than evaluating properties for personal purchase or sale. You acknowledge that MLS data displayed on the Service is owned by the respective Multiple Listing Service and that the MLS holds valid copyright to such data.

3. No Presumed Agency Relationship

IMPORTANT: Visiting this website, browsing property listings, or submitting a contact form or inquiry through this website does not create an agency relationship between you and Agent or Brokerage. A formal agency relationship requires a separate, signed agreement between you and a licensed real estate professional.

In accordance with Pennsylvania Association of Realtors guidelines and Pennsylvania real estate law, you will be provided with the appropriate Consumer Notice disclosing agency relationships before receiving real estate services. Submitting an inquiry through this website constitutes a request for information only and does not constitute the commencement of real estate services.

4. TCPA Consent and Communications

By submitting a contact form, inquiry, or registration on this website, you expressly consent to be contacted by Agent and Brokerage regarding real estate services. Contact may include:

• •Telephone calls to the number you provide, which may include automated or pre-recorded calls
• •Text messages (SMS) to the mobile number you provide
• •Email communications to the address you provide

Standard message and data rates may apply to text messages. Consent to receive text messages is not a condition of purchasing any property or receiving any real estate services. You may opt out of communications at any time by replying STOP to any text message, clicking unsubscribe in any email, or contacting us directly at kerry@allofpocono.com.

5. IDX and MLS Listing Data

A. Nature of IDX Data

Property listing data displayed on this website is provided through an Internet Data Exchange (IDX) program administered by Bright MLS. IDX affords real estate brokers and licensees the ability to authorize limited electronic display of their listings by other brokers and licensees. The IDX database is copyrighted by Bright MLS.

Listing data provided through Bright MLS is for the personal, non-commercial use of consumers seeking to purchase or evaluate real estate only. You may not use this data for any purpose other than to identify properties you may be interested in purchasing. Listing data may not be redistributed, retransmitted, or copied in any form.

B. Required Bright MLS Disclosures

In accordance with Bright MLS Policy on Digital Display (effective May 28, 2024), the following disclosures are required on all pages displaying Bright MLS IDX content:

• •Source: Bright MLS is the source of the IDX listing content displayed on this website
• •Personal Use Only: Property information provided on or through this website is for the personal, non-commercial use of consumers and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing
• •Availability: Some properties which appear for sale on this website may no longer be available because they are under contract, sold, or are no longer being offered for sale
• •Copyright: © 2026 Bright, All Rights Reserved. Updated annually.
• •Reliability: Property information displayed is deemed reliable but is not guaranteed

Each listing displayed on this website identifies the listing firm in a prominent location and in a readily visible color and typeface, in accordance with Bright MLS IDX display requirements. Listing firm identification is provided based on information supplied in the Bright MLS data feed.

C. Listing Data Accuracy and Updates

All listing data is refreshed at least every twelve hours in accordance with Bright MLS requirements. Neither Agent, Brokerage, nor Bright MLS guarantee the accuracy, completeness, or timeliness of any listing data displayed on this website. Listing data is subject to prior sale, change, withdrawal, or cancellation without notice. Consumers are advised to independently verify all listing information before relying on it in any real estate transaction.

D. Broker Attribution

Real estate listings on this website are provided by cooperating brokers participating in the Bright MLS IDX program. Listings held by brokerage firms other than Berkshire Hathaway HomeServices Fox & Roach, Realtors are marked with the IDX designation and the listing broker information is displayed in accordance with Bright MLS requirements. For property information obtained from Bright MLS, the source is identified as: Property information from Bright MLS.

E. Prohibited Uses of Listing Data

You may not use IDX listing data for any of the following purposes:

• •Commercial redistribution, retransmission, or resale of listing data in any form
• •Creating derivative databases, software products, or services using Bright MLS data
• •Sharing IDX data with any third party not authorized by Bright MLS
• •Contacting sellers or listing brokers directly using information obtained from IDX displays without authorization
• •Any purpose other than evaluating properties for personal purchase

F. Statistical Information

Any advertising or content on this website that uses statistical information based on Bright MLS listing content includes the following notice: Based on information from Bright MLS for the applicable period. Statistics are updated periodically and are subject to change without notice.

G. Local MLS Boards

Property listings displayed on this website may include listings from the Pocono Mountains Association of Realtors (PMAR) and the Greater Lehigh Valley REALTORS (GLVR) as participating boards within the Bright MLS service area. All listings from these boards are subject to the same Bright MLS IDX display requirements described in this section. Attribution and copyright requirements for PMAR and GLVR listings are fulfilled through compliance with Bright MLS IDX display policies as the governing MLS for this service area.

H. MLS Ownership and Copyright

The IDX database and all listing content is copyrighted by Bright MLS. You acknowledge the validity of Bright MLS copyright to such data and agree not to reproduce, redistribute, retransmit, or otherwise use listing data in any manner inconsistent with these Terms or Bright MLS IDX policies. Bright MLS may use monitoring codes and tracking software on displays of Bright IDX content to compile statistics and monitor compliance with Bright MLS policies.

6. Licenses

A. License to You

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Service solely for your personal, non-commercial purposes related to searching for real estate. This license does not include the right to download, copy, redistribute, or commercially exploit any content from the Service.

B. License to Us

By submitting any content, feedback, inquiry, or other material through the Service, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute that content for the purpose of providing and improving the Service and our real estate services.

C. Third-Party Map Services

The Service may incorporate Google Maps for property location display. Use of Google Maps is subject to the Google Maps Terms of Use and Google Privacy Policy. These services are not under the control of Agent or Brokerage. Please review the applicable terms and privacy policies of these third-party services.

7. Intellectual Property and Ownership

A. Our Ownership Rights

All content on the Service including but not limited to text, images, graphics, logos, design, and software is the property of Agent, Brokerage, or their respective content providers and is protected by applicable copyright, trademark, and intellectual property laws. The Berkshire Hathaway HomeServices name, logo, and related marks are owned by their respective owners and are used under license. No title to or ownership in the Service or any associated intellectual property is transferred to you under these Terms.

B. Your Content

You retain ownership of any content you submit through the Service. By submitting content you represent that you have the right to do so and that your content does not infringe any third-party intellectual property rights or violate any applicable law.

8. Privacy and Data

Your use of the Service is subject to our Privacy and Copyright Policy, which is incorporated into these Terms by reference. By using the Service you agree to the collection, use, and sharing of your information as described in our Privacy and Copyright Policy. Please review our Privacy and Copyright Policy at allofpocono.com/privacy-policy.

9. Fair Housing

Agent and Brokerage are committed to the principles of the federal Fair Housing Act and the Pennsylvania Human Relations Act. We do not discriminate in the provision of real estate services on the basis of race, color, national origin, religion, sex, familial status, disability, age, ancestry, or any other characteristic protected by applicable law.

10. Compliance

The Service is provided for your convenience only. We do not provide legal, tax, financial, or compliance services. You are solely responsible for ensuring that your use of the Service and any real estate transactions you enter into comply with all applicable federal, state, and local laws and regulations, including without limitation laws governing real estate transactions, short-term rentals, zoning, and property use.

STR eligibility, HOA rules, township ordinances, and zoning regulations referenced on this website are provided for informational purposes only and are subject to change. Always verify current rules directly with the applicable HOA, township, and municipality before purchasing any property for rental or investment purposes.

11. Third Parties

The Service may contain links to or embed content from third-party websites including HOA websites, township pages, Google Maps, and other resources. We may also engage third-party service providers to assist in operating the Service. Third-party websites and services are not under our control and we are not responsible for their content, accuracy, or privacy practices. Your use of any third-party website or service is at your own risk and subject to that third party's own terms of use and privacy policy.

We expressly disclaim all liability arising from your use of any third-party website, service, or content accessed through or linked from the Service.

12. Confidentiality

Each party agrees to use the other party's confidential information solely to perform obligations or exercise rights under these Terms. Neither party will disclose the other party's confidential information to any third party without prior written consent, except to employees or contractors with a need to know who are bound by confidentiality obligations at least as protective as those in these Terms.

This obligation does not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party prior to disclosure; (iii) was independently developed by the receiving party without use of the disclosing party's confidential information; or (iv) is required to be disclosed by law or court order, provided that the receiving party gives reasonable prior notice to the disclosing party where possible.

13. No Warranties

The Service is provided on an as is and as available basis without warranties of any kind, express, implied, or statutory. Your use of the Service is at your sole risk. We disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service or any content therein, including property listing data, is accurate, reliable, complete, or current; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

Neither Agent nor Brokerage warrant, endorse, guarantee, or assume responsibility for any product or service offered by any third party through or in connection with the Service.

14. Limitation of Liability

In no event will Agent, Brokerage, or any of their employees, contractors, or affiliated entities be liable for any direct, indirect, special, consequential, incidental, exemplary, or other damages arising from your use of or inability to use the Service, including without limitation loss of data, loss of profits, or loss of revenue, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if advised of the possibility of such damage.

Our total liability to you for any claim arising from or related to your use of the Service shall in no event exceed the greater of the fees, if any, you have paid for the Service or ten dollars ($10.00). The foregoing limitation of liability applies to the fullest extent permitted by applicable law.

Nothing in these Terms limits liability for personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable Pennsylvania law.

15. Dispute Resolution and Arbitration

A. Agreement to Arbitrate

You and we agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service through final and binding individual arbitration, except that either party may bring a claim in court for injunctive relief to stop unauthorized use or infringement of intellectual property rights without first engaging in arbitration.

B. Arbitration Procedures

Arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures. To initiate arbitration you must submit a written demand describing the claim and the relief sought to us and file the demand with JAMS at www.jamsadr.com. The arbitration will be conducted in Pennsylvania or at a location mutually agreed upon by the parties. The arbitrator may award on an individual basis the same damages and relief as a court, including injunctive relief. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

C. No Class Actions

You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in any class, consolidated, or representative action. Class arbitrations, class actions, and consolidation with other arbitrations are not permitted under these Terms.

D. Waiver of Jury Trial

The parties waive their right to a trial by jury for all claims and disputes arising under these Terms. All such claims and disputes will be resolved by arbitration as described in this section.

E. Opt-Out

You may opt out of this arbitration agreement by emailing webfeedback@allofpocono.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, the URL of these Terms, your address, your phone number, and a clear statement that you wish to opt out of the arbitration provision. Opting out does not affect any other provision of these Terms.

F. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. In any circumstances where arbitration is not applicable or enforceable, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Monroe County, Pennsylvania.

16. Indemnification

You will indemnify, defend, and hold harmless Agent, Brokerage, and their respective employees, contractors, and affiliated entities from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with: (i) your breach of these Terms; (ii) your use of the Service; (iii) your conduct involving fraud, negligence, or willful misconduct; or (iv) your misuse of any content or data obtained through the Service.

17. Termination

These Terms remain in effect until terminated. We may terminate your access to the Service at any time, with or without cause or notice. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections 3, 4, 7, 8, 12, 13, 14, 15, and 16 will survive termination of these Terms.

18. General Provisions

A. Nature of Relationship

The relationship between you and us under these Terms is that of independent parties. Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship between you and us. Using the Service does not create an agency relationship between you and Agent or Brokerage for real estate purposes. A formal real estate agency relationship requires a separate signed agreement.

B. Notices

All notices to us under these Terms should be sent in writing to webfeedback@allofpocono.com or by mail to Agent, Brokerage, 411 Main St, Suite 104, Stroudsburg, PA 18360. Notices to you will be sent to the email address associated with your account or posted to the Service.

C. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed from these Terms. The remaining provisions will continue in full force and effect.

D. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing to be effective and will not constitute a continuing waiver of any subsequent breach.

E. Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, power failures, government actions, communicable diseases, epidemics, pandemics, labor disputes, or failures of third-party service providers.

F. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights under these Terms without restriction. Any attempted assignment in violation of this provision is void.

G. Entire Agreement

These Terms, together with our Privacy and Copyright Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior negotiations, discussions, or agreements, whether written or oral, regarding the subject matter of these Terms.

H. Headings

Section headings are used for convenience only and do not affect the interpretation of these Terms.

I. Survival

Any provision of these Terms that by its nature should survive termination will survive, including but not limited to Sections 3, 4, 5, 7, 8, 12, 13, 14, 15, and 16.

19. Contact Information

If you have any questions about these Terms of Use, please contact us at: