Terms of Service

PitchToList is a website where homeowners post a home for free and licensed listing agents, invited by the platform in rotation, send written pitches. PitchToList is not a real estate brokerage, does not represent anyone and never takes any part of a commission. Agents pay a flat price per pitch they submit; payment never buys invitations or placement. Disputes go to individual arbitration, not class actions or jury trials, except small claims (section 21). This summary is not a substitute for the terms below.

PitchToList (the website at pitchtolist.com and its related emails and texts, the "Service") is operated by PitchToList LLC, a Virginia limited liability company, with its mailing address at 8401 Maryland Dr Ste S, Richmond, VA 23294 ("PitchToList", "we", "us" or "our"). These Terms of Service (the "Terms") are a binding agreement between you and us.

You accept these Terms when you tick the box agreeing to them, create an account, post a home, apply as an agent or otherwise use the Service. If you do not agree, do not use the Service.

These documents are part of these Terms and apply to you as described in each:

• Seller Terms, for homeowners who post a home.
• Agent Terms, for real estate agents, including invitations, pricing, billing and the no off-platform contact rule.
• SMS Terms, for text messages we send.
• Privacy Policy, which explains how we handle personal information, and the Cookie Notice.
• Fair Housing Statement and the Platform Policies.

If a Seller Terms or Agent Terms provision conflicts with these Terms, the more specific Seller Terms or Agent Terms provision controls for that subject.

Section 21 requires most disputes to be resolved by binding individual arbitration and waives class actions and jury trials. Please read it.

PitchToList is operated by PitchToList LLC, a Virginia limited liability company. PitchToList LLC is owned by a real estate licensee in Virginia. That licensee does not submit pitches on PitchToList, is excluded from the agent side of the platform, and does not contact sellers who post on PitchToList unless the seller contacts them first. PitchToList is not a real estate brokerage, does not represent sellers or agents, and does not receive any part of any commission.

The owner is blocked from the agent side of the Service by name, email, phone and license number, is never invited, and is bound by the same no off-platform contact rule that binds agents (Agent Terms, section 4). Every time an operator account opens a listing, that view is recorded in an audit log.

PitchToList is an online venue and software service. It lets sellers describe a home, invites verified agents to pitch for it in rotation, delivers their written pitches to the seller, and lets the seller compare, shortlist, message and choose an agent.

PitchToList is not:

• a real estate broker, brokerage or firm, and it holds no real estate license;
• an agent, representative, fiduciary or advisor of any seller or agent;
• a party to any listing agreement, purchase contract or other agreement between a seller and an agent or anyone else. Listing agreements are drafted, signed and held by the agent and the agent's brokerage, outside the Service. We never draft, review or host them;
• an appraiser or a source of price opinions, comparative market analyses or valuations. By policy, agents may not submit comps, a suggested list price, a price range or a valuation on the Service;
• a lender, escrow agent, settlement agent, title company or holder of any money for a real estate transaction.

PitchToList does not receive any part of any commission, fee or other compensation that a seller pays an agent, and never charges or accepts a fee at or contingent on a closing, a listing agreement or a seller's choice of an agent. We do not pay or accept referral fees of any kind. All fees are set by each agent and are negotiable.

We do not recommend, rank or endorse agents. There is no platform score and no "top pick". The order in which a seller sees pitches is random for each seller.

To use the Service you must:

• be at least 18 years old and able to form a binding contract;
• use the Service for yourself, or for a seller, brokerage or company you are authorized to bind;
• not be barred from using the Service under any law or by an earlier removal from the Service.

Sellers must own the home they post or be authorized by every owner to sell it (Seller Terms, section 3). Agents must hold a real estate license in good standing in the state where the home is located, checked with that state's licensing board, and pass our verification (Agent Terms, section 2); they are invited only to homes in the state of their license. The Service is offered for residential property in the United States (the 50 states and the District of Columbia).

A person who holds a real estate license may not use a seller account to post a home in order to see other agents' pitches. Accounts that match an agent account are held for review.

• Give us true, current and complete information, and keep it up to date.
• Keep one account per person and role. Do not share an account, sell it or let anyone else use it.
• Sellers sign in with single-use email links and confirm a mobile number with a texted code. Agents sign in with a password. Keep your email account, phone and password secure. You are responsible for activity under your account unless it happened after you told us the account was compromised.
• Tell us right away at support@pitchtolist.com if you think someone else has used your account.

We may ask you to confirm your identity, your ownership of a home or your license at any time, and may limit an account until you do.

When a seller's home goes live, we invite up to 5 eligible verified agents to pitch, one per team. Invitations rotate among eligible agents as the Agent Terms describe, and no payment changes who is invited. A home never has more than 5 competing pitches.

If too few agents who meet our bars serve a home's area, the home may wait for up to 7 days before it goes live while our team reaches out to local agents, as the Seller Terms (section 6) describe. Agents who join that way get no priority (Agent Terms, section 8).

An invited agent answers within 6 awake hours (the clock stops from 9 PM to 8 AM in the home's local time). An agent who accepts gets 24 hours from their own acceptance to submit. A spot that is declined, unanswered or given up goes to another agent for up to 72 hours after go-live. The seller may stop inviting at any time; agents who already accepted keep their full window.

No agent sees another agent's pitch. The seller can read each pitch as it arrives, on a card labeled with a letter (Agent A onward) that shows no agent name, brokerage or photo while any pitch is still outstanding. Final selection opens when no more agents are being invited and every agent who accepted has submitted, withdrawn or reached their deadline.

Before shortlisting, agents see only the home's area and basic facts, never the street address, photos or the seller's name or contact, and sellers see the cards in random order. Once no pitch is outstanding on the home, that is, once all 5 pitches are in, or the home has stopped collecting pitches (the 72 hours after go-live for inviting agents ended, the seller stopped inviting, or no eligible agent was left) and no invited agent is still within their time to answer or their 24 hours to write, the seller sees the name, brokerage and photo of every agent who pitched, shortlisted or not. The seller may shortlist up to 3 agents. Shortlisting opens that agent's full pitch and messages with the seller, and shows that agent the address, photos and seller's name. The seller's phone and email reach an agent only if the seller shares them in a message or chooses that agent.

We never show an agent the name, brokerage or photo of another agent who pitched on the same home. Private feedback to an agent may say how many pitches the home received and where each of that agent's own commitments placed among them, never another agent's identity or numbers.

We do not promise that any home will receive a particular number of pitches, or any pitch, or that any agent will be invited to any home or has any particular chance of being chosen.

Sellers pay nothing. Posting, comparing, shortlisting and choosing are free.

Agents pay only for pitches they submit, at the prices and on the terms in the Agent Terms and in the pricing section of the agents page. There is no subscription; prepaid packs are one-time payments and their credits never expire.

On PitchToList, in every market and on every plan:

• No subscription.
• No closing fee, ever.
• No referral fee, in or out.
• No selection fee when a seller chooses you.
• No charge when a seller shortlists you.
• No percentage of your commission.
• No payment buys invitations, more or earlier invitations, placement, ranking, card layout, a badge or your standing.

You agree not to:

• post anything false, misleading, or that you do not have the right to post, including a home you do not own or are not authorized to sell, or closed sales that did not happen;
• discriminate, or post content that states or implies a preference, limitation or discrimination based on any class protected by fair housing law (see the Fair Housing Statement);
• contact a seller outside the Service in breach of the Agent Terms, or use anything learned on the Service to solicit, market to or identify a seller or their neighbors;
• try to learn a home's address or a seller's identity before you are shortlisted, including by asking for it, by matching photos or facts against other sources, or by posting fake listings;
• create more than one account, use another person's account, or work with others to influence invitations, a review or a rating;
• harass, threaten, defame or impersonate anyone;
• post valuations, comps, suggested list prices or price ranges, or attach documents to a pitch;
• send spam, chain messages or advertising through messages, or use the Service for any purpose other than finding or offering listing services for a home posted on it;
• scrape, crawl, copy or harvest data from the Service, or use bots or automated tools, except search engines that follow our robots.txt;
• probe, scan or test the Service for vulnerabilities, or get around any security, rate limit, access control or the preview gate, except under a written security research agreement with us;
• upload malware, or interfere with the Service or other users;
• break any law, including real estate licensing, fair housing, privacy, anti-spam and consumer protection laws.

We may screen, edit out identifying details from, hide or remove content, and limit, suspend or close accounts, to enforce these Terms or protect users, as described in section 17.

PitchToList supports equal housing opportunity and the letter and spirit of the federal Fair Housing Act and applicable state and local fair housing laws. Everyone who uses the Service must follow them. Read the Fair Housing Statement for what that means here and how to report a problem.

"Your content" means anything you submit: home details, photos, notes, pitches, commitments, profile details, headshots, proof of sales, messages, pass reasons, ratings and reviews.

You keep ownership of your content. You give us a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, copy, screen, adapt (for example to remove identifying details or resize photos), display and transmit your content to operate, improve, secure and promote the Service, and to show it to the people the Service is designed to show it to (for example, a pitch to the seller, or a home's facts to agents in its area). The license ends when your content is deleted from the Service, except for copies we keep as described in the Privacy Policy, content others received before deletion (for example a pitch a seller already read), and anonymized or aggregated data.

You promise that you own or have permission to use your content, that it is accurate, and that our use of it under these Terms will not break any law or anyone's rights. Photos you upload must be yours or licensed to you.

We do not pre-approve content and are not responsible for it, but we may review, screen or remove it. Agent statements in pitches, profiles and closed sales are the agent's own; sales we show are labeled "Checked against records" because a person checks each one against MLS or public records before it is shown.

Only a seller who chose an agent may rate or review that agent, and only after the check-in period. Reviews must reflect the reviewer's honest experience. We never write, buy or sell reviews, never pay or reward anyone for a review, and do not suppress reviews because they are negative. We may remove a review that is unlawful, discloses private information, is about a different transaction, or breaks these Terms, and we keep a record of each removal.

The Service, including its software, design, text we wrote, graphics, the PitchToList name and logo, is owned by us or our licensors and protected by intellectual property laws. We give you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose under these Terms. You may not copy, modify, sell, reverse engineer or build a competing service from it, except as the law allows despite this limit.

If you send us ideas or feedback, we may use them without any obligation to you.

If you believe content on the Service infringes your copyright, send a notice to our designated agent as described in section 25.

The Service uses third parties to work, including Stripe for payments, an email provider, an SMS provider and hosting providers (listed in the Privacy Policy). Your use of a third party's pages, such as Stripe Checkout, is also governed by that party's terms. Links to other sites, such as a state licensing board's license lookup, are for convenience. We are not responsible for third-party sites or services.

Our Privacy Policy explains what we collect, who sees it and when, and the choices and rights you have. It is part of these Terms.

You agree that we may communicate with you electronically, by email to the address on your account, by messages in the Service, and by text message as described in section 16 and the SMS Terms. Agreements, notices, disclosures and receipts we send electronically satisfy any requirement that they be in writing. Keep your email address current; a notice we send to it counts as delivered.

Emails about your listing, your pitches, your account, your purchases and changes to these Terms are part of the Service and cannot be turned off while you have an account, though you may delete your account.

PitchToList sends account texts only, never marketing: verification codes, up to 2 notices per home for sellers who turn them on (when that home's pitches are ready to compare, and one reminder), and, for agents who turn them on, notices about their invitations and pitches (an invitation, a reminder before a pitch is due, shortlisted, chosen, and new seller messages).

Message frequency varies. Message and data rates may apply. Reply STOP to opt out, HELP for help.

Consent to receive texts is not a condition of purchase.

Carriers are not liable for delayed or undelivered messages.

The full SMS Terms describe each text, how you opt in and how to stop, and the Privacy Policy explains how we handle your number.

You may stop using the Service and delete your account at any time from your account page (sellers) or account settings (agents), or by writing to support@pitchtolist.com. Agents: deleting an account has the effects described in the Agent Terms.

We may suspend, limit or close your account, remove content, or end a listing, with or without notice, if we reasonably believe you broke these Terms or the law, created risk or possible legal exposure for us or other users, or if we stop offering the Service in your market. Where it is safe and lawful, we will tell you why and give you a chance to respond. The Agent Terms describe the reliability rules, suspensions, removal and appeals for agents.

Sections that by their nature should survive ending this agreement survive, including sections 10 (license for content already shared), 12, 18, 19, 20, 21 and 24, and any payment owed before the end.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

We check that each agent holds a real estate license in good standing in the state where the home is located, checked with that state's licensing board, and check the closed sales that decide which spots an agent is drawn for against MLS or public records, as described on the site, and we check a seller's name against county land records. We do not otherwise investigate users and do not guarantee the identity, qualifications, honesty, conduct, fees, services or results of any agent or seller. Choosing an agent, negotiating a listing agreement, pricing a home and every other real estate decision are yours. Consider getting independent legal, tax and financial advice.

We do not guarantee any number of pitches, listings, sellers, leads, showings, offers, sales, prices or outcomes.

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST COMMISSIONS, LOST SALES, LOSS OF DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; (B) WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY SELLER, AGENT, BROKERAGE OR OTHER USER, ON OR OFF THE SERVICE; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits apply to every theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as for our fraud, gross negligence or willful misconduct, and some places do not allow some of these limits, so they may not all apply to you.

You will defend, indemnify and hold harmless us and our owners, officers, employees and contractors from claims, losses, liabilities, damages, fines and costs (including reasonable attorneys' fees) brought by a third party or a regulator that arise from your content, your use of the Service, your breach of these Terms, or your violation of any law or anyone's rights. For agents this includes claims about your real estate services, your listing agreements, your advertising and your contact with sellers. We may take over the defense of a claim at our own cost, and you will cooperate. This section does not require a consumer to indemnify us for our own negligence.

Talk to us first

Before filing a claim, you and we each agree to send the other a written notice describing the dispute and the relief sought (to us at legal@pitchtolist.com and by mail to the address in section 23), and to try in good faith to resolve it informally for 60 days.

Binding individual arbitration

Except as stated below, any dispute, claim or controversy between you and us arising out of or relating to the Service or these Terms, including their formation, scope or enforceability ("Dispute"), will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for agents using the Service for their business, its Commercial Arbitration Rules), as modified by these Terms. The Federal Arbitration Act governs this section. The arbitrator decides all questions of arbitrability, except that a court decides questions about the class action waiver and the batching clause below.

Arbitration may be held by video, by phone, on written submissions, or in person in the county or city where you live or in the City of Lynchburg, Virginia. For a claim of $10,000 or less by a consumer, we will pay the filing, administration and arbitrator fees beyond the amount you would pay to file in court, unless the arbitrator finds the claim frivolous. The arbitrator may award any individual relief a court could, including attorneys' fees where the law allows, but only for you individually.

Exceptions

• Either party may bring an individual claim in small claims court (in Virginia, a general district court small claims division) if it qualifies and stays there.
• Either party may ask a court for an injunction to stop infringement or misuse of intellectual property, or unauthorized access to the Service.
• Nothing here stops you from reporting conduct to a government agency, such as a state real estate licensing board, a state or local fair housing agency, HUD or a state attorney general.

No class actions and no jury

YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR TAKE PART IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

If 25 or more similar demands are filed against us by or with the help of the same law firm or group, they will be administered in batches of up to 25, with one arbitrator per batch, to the extent the arbitration rules allow.

If the class action waiver is found unenforceable for a claim, that claim (and only that claim) proceeds in court under the venue clause below, after the individual claims are arbitrated, and the rest of this section still applies.

Opting out

You may opt out of this arbitration agreement within 30 days after you first accept these Terms, in either of these ways:

• By email: send an email to legal@pitchtolist.com from your account email with the subject "Arbitration opt-out" and your name.
• By mail: send a letter to PitchToList LLC, 8401 Maryland Dr Ste S, Richmond, VA 23294, Attention: Arbitration opt-out, postmarked within the same 30 days, that gives your name and the email address on your account and says that you opt out of arbitration.

Either way is enough on its own. Opting out does not affect the rest of these Terms.

Governing law and venue

These Terms and any Dispute are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules, and by applicable federal law. Any Dispute that is not arbitrated will be brought only in the state courts for the City of Lynchburg, Virginia, or the United States District Court for the Western District of Virginia, and you and we consent to their personal jurisdiction and venue there.

Time limit

To the extent the law allows, a Dispute must be started within one year after it arose, or it is permanently barred.

We may change these Terms, the Seller Terms, the Agent Terms or the other documents above. Each document shows its version and date at the top, and the Legal page lists them all.

For a material change, we will tell you by email and on the Service at least 30 days before it takes effect, unless a change is required sooner by law or to address a security or legal risk. Changes do not apply to a Dispute that arose before they took effect. Signed-in users will be asked to accept a new version before continuing: sellers at their next sign-in, agents before they next accept an invitation, buy a pack or save a card. An invitation an agent already accepted is never interrupted. If you do not accept a change, you may stop using the Service and delete your account.

Changes to the price per pitch or to packs are covered by the Agent Terms, section 10, including the notice we give.

Legal notices to us: legal@pitchtolist.com, with a copy by mail to PitchToList LLC, 8401 Maryland Dr Ste S, Richmond, VA 23294, Attention: Legal. Notices to you: the email address on your account, or a notice on the Service.

• These Terms, with the documents listed in section 1, are the entire agreement between you and us about the Service and replace earlier agreements on that subject.
• If a provision is found unenforceable, it is limited to the minimum extent needed and the rest stays in effect.
• Our not enforcing a provision is not a waiver of it.
• You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate, with notice to you.
• We are not liable for delays or failures caused by events beyond our reasonable control.
• You and we are independent. Nothing in these Terms creates a partnership, joint venture, employment, agency, franchise or brokerage relationship.
• Headings are for convenience only. "Including" means "including without limitation".

PitchToList responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. 512. If you believe content on the Service infringes a copyright you own or are authorized to enforce, send a written notice to our designated agent:

• Copyright Manager
• PitchToList LLC
• 8401 Maryland Dr, STE S
• Richmond, VA 23294
• Phone: (804) 573-9337
• Email: support@pitchtolist.com
• DMCA Directory registration number: DMCA-1084773

What a notice must contain

Under 17 U.S.C. 512(c)(3)(A), your notice must include:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
• identification of the copyrighted work claimed to be infringed or, if one notice covers several works on the Service, a representative list of them;
• identification of the material claimed to be infringing that is to be removed or disabled, and information reasonably sufficient for us to locate it on the Service, such as the web address of the page where it appears;
• information reasonably sufficient for us to contact you, such as your name, mailing address, phone number and email address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We may not act on a notice that is missing any of these elements. Under 17 U.S.C. 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.

Counter-notices

If material you posted was removed or disabled because of a notice and you believe that was a mistake, you may send a counter-notice to the designated agent above. Under 17 U.S.C. 512(g)(3), it must include:

• your physical or electronic signature;
• identification of the material that was removed or to which access was disabled, and the location where it appeared before it was removed or disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• your name, address and phone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which PitchToList may be found), and that you will accept service of process from the person who sent the original notice or that person's agent.

When we receive a counter-notice with these elements, we forward a copy to the person who sent the original notice. We may then restore the material 10 to 14 business days after we receive the counter-notice, unless our designated agent first hears from that person that they have filed a court action seeking an order to restrain you from infringing activity relating to the material on the Service.

Repeat infringers

Under 17 U.S.C. 512(i), PitchToList may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

Questions about these terms: legal@pitchtolist.com. Help with your account: support@pitchtolist.com.

By mail: PitchToList LLC, 8401 Maryland Dr Ste S, Richmond, VA 23294.