This Agreement is a binding agreement between you (“User” or “you”) and ShowingNow LLC (“Company” or “ShowingNow”). This Agreement governs your use of the ShowingNow application (including all related documentation and web-based and/or mobile app-based services) (collectively, “Application” or “ShowingNow Platform”).
USER REQUIREMENTS
Use Limited to Defined Users: To use the Application, you must be an Initiating User, Showing Agent, or Brokerage, defined as follows:
– Initiating User: Utilizes the Application to seek a licensed real estate agent to provide access to residential real estate property. Includes Initiating Agents, Property Managers, or Clients.
– Initiating Agent: A real estate agent or broker actively licensed in the U.S. to represent buyers and sellers, using the Application for clients.
– Property Manager: Oversees and manages real estate, using the Application to show properties to potential renters. May add employees or independent contractors as Property Manager Agents.
– Client: A person or company attempting to view real estate for themselves.
– Showing Agent: A Licensed Real Estate Agent seeking to open properties for Initiating Users.
– Brokerage: A licensed real estate brokerage using the ShowingNow Platform to monitor Brokerage Agents, who are either Showing Agents or Initiating Agents.
User Verification/Acknowledgement: By clicking UPDATE, you (A) acknowledge that you have read and understand this Agreement and the Privacy Policy; (B) represent that you are 18 years of age or older; and (C) accept this Agreement and agree to be legally bound by its terms and any updates. If you do not agree, you may not access or use the Application.
Licensure and Identity Verification: You may be subject to identity and licensure verification using third-party services. ShowingNow cannot confirm the accuracy of these verifications and assumes no responsibility for their accuracy.
SHOWING AGENT SERVICES
Initiating Users request Showing Agent Services via the ShowingNow Platform or an affiliate. These requests are available to all Showing Agents until one agrees to perform the service. Initiating Users agree that Showing Agents are not agents for the persons they are providing services for. Non-licensed users cannot provide Showing Agent Services and have limited access to the Platform.
Initiating Users agree to pay for Showing Agent Services as prompted through Stripe or another payment processor. No payment is due if a Showing Agent cancels before providing services. Cancellations by
Initiating Users within certain timeframes may incur partial or full charges.
ShowingNow does not supervise or monitor Showing Agent services and disclaims responsibility and liability for the work performed.
Users can request account deletion at any time. ShowingNow may retain records as necessary. Subscriptions renew automatically unless canceled, and no refunds are provided for partial periods.
PURPOSE OF APPLICATION
Agreement of Limited Application Purpose, License, and Use: ShowingNow provides the Application as a digital marketplace to connect Initiating Users and Showing Agents. ShowingNow does not request or provide Showing Agent Services but provides the platform for such connections.
Users must use the Application exclusively for its intended purpose. ShowingNow makes no representations regarding user licensure or the quality of services provided.
LICENSE GRANT AND LIMITATIONS
ShowingNow grants you a limited, non-exclusive, non-transferable license to use the Application on your device. You may not:
– Copy, modify, or create derivative works of the Application.
– Reverse engineer or attempt to derive the source code.
– Remove or alter any intellectual property notices.
– Use the Application in a way that violates any law or infringes on any rights.
REPRESENTATIONS, CONTENT, AND INFORMATION
User Representations and Warranties: Users represent and warrant that they are of legal age, agree to the terms, will use their legal name, respect privacy and data rights, fulfill commitments, and act professionally. Users agree to indemnify ShowingNow for any breach of these representations.
User Content: Users grant ShowingNow a license to use and distribute their content. Users are responsible for their content and must ensure it does not infringe on any rights or violate any laws.
Collection and Use of Information: ShowingNow may collect information through the Application, subject to the Privacy Policy. Users must keep their account information confidential and notify ShowingNow of any unauthorized access.
DELETION AND/OR CANCELLATION
Users can request account deletion at any time. ShowingNow may retain records as necessary. Subscriptions renew automatically unless canceled, and no refunds are provided for partial periods.
PAYMENTS
Payment Processing: Payments are processed by Stripe and are subject to the Stripe Services Agreement. Users must provide accurate information and authorize ShowingNow to share transaction information with Stripe.
Prices: ShowingNow may change the cost of services and subscription fees. Users will be notified in advance of any changes.
APPLICATION DETAILS
Accessibility: The Application is accessible via the ShowingNow website and mobile app. Access to certain features may require acknowledgment of this Agreement and the Privacy Policy.
Geographic Restrictions: The Application is intended for use in the United States. Users outside the U.S. are responsible for compliance with local laws.
Updates: ShowingNow may provide updates to the Application, which may include new features or removal of existing ones.
Intellectual Property: ShowingNow owns all rights to the Application. Users must contact ShowingNow’s legal department for DMCA notices.
Third-Party Materials: ShowingNow is not responsible for third-party content accessible through the Application.
TERMINATION OF THIS AGREEMENT
Term and Termination: The Agreement is effective until terminated by either party. Users may terminate by deleting their account. ShowingNow may terminate without notice.
MISCELLANEOUS
Disclaimer of Warranties: The Application is provided “as is” without warranties of any kind.
Limitation of Liability: ShowingNow is not liable for any damages arising from the use of the Application.
Export Regulation: Users must comply with U.S. export control laws.
Severability: If any provision is illegal or unenforceable, the remaining provisions will remain in effect.
Governing Law: This Agreement is governed by the laws of the state of Florida. Any legal actions must be brought in the courts of Florida.
Limitation of Time to File Claims: Claims must be filed within one year of the cause of action.
Entire Agreement: This Agreement and the Privacy Policy constitute the entire agreement between the parties.
Waiver: No waiver of any term is effective unless in writing.
Notices: Users consent to receive electronic notices from ShowingNow.
Consent to Electronic Signatures: Users agree to transact electronically and that their electronic signature has the same legal effect as a manual signature.
ADDITIONAL TERMS FOR SPECIFIC USERS
Showing Agents
– Must be Licensed Real Estate Agents adhering to the Realtor Code of Ethics.
– Perform services as directed by Initiating Users and remain at the property during viewing times.
– Not agents or sub-agents of Initiating Users or their clients.
Initiating Agents
– Must inform clients that Showing Agents are not their representatives.
– Ensure they are legally allowed to use the Platform for requesting Showing Agent Services.
CLIENTS
– Cannot provide Showing Agent Services.
– Must acknowledge that Showing Agents are not their representatives and execute non-representation forms if requested.
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