Last Updated: 11/11/2019
BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE SHOWINGLY SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SHOWINGLY SERVICE.
- Showingly’s Role. SHOWINGLY DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. SHOWINGLY IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. Showingly does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Showingly assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services. Showingly is a showing management platform with a robust suite of features for real estate agents, their homebuyer and/or homeseller clients, and unrepresented consumers interested in beginning the home purchase or sale process. Showingly also provides a matchmaking service (see Showingly’s Showing Delegation Agreement for more information) to connect busy Agents who do not wish to conduct their own showings with nearby Agents willing to act as Showing Assistants on behalf of the Delegating Agents for the purposes of showing homes to the Delegating Agent’s clients.
- Referrals. While you are not responsible for making referral payments to Showingly, as part of the Services, Showingly may be paid valuable consideration in exchange for your referral to a real estate professional (“Real Estate Referral”). You authorize Showingly to make such Real Estate Referral and acknowledge Showingly may be paid valuable consideration for facilitating such referral.
- Use of the Services; Restrictions.
- Pro Use Application.THE AGENT APPLICATION IS ONLY FOR EITHER REAL ESTATE AGENTS ACTIVELY LICENSED IN A STATE AND/OR TERRITORY OF THE UNITED STATES TO REPRESENT BOTH BUYERS AND SELLERS AND HAVE ACCESS TO MULTIPLE LISTING SERVICE GOVERNED BY THE NATIONAL ASSOCIATION OF REALTORS. IF YOU ARE NOT LICENSED TO REPRESENT PARTIES IN REAL ESTATE TRANSACTIONS, YOU MUST NOT UTILIZE THE AGENT APPLICATION AND ANY PRO USE FEATURES. PARTIES ENTERING THIS AGREEMENT TO UTILIZE THE AGENT APPLICATION OR ANY PRO USE FEATURES WILL BE AGENTS UTILIZING SHOWING MANAGEMENT, AGENTS PURCHASING LEADS, DELEGATING AGENTS (AGENTS WHO INITIATE A PROPERTY SHOWING AND PAY A FEE TO COMPANY PURSUANT TO SECTION 6 HEREIN TO UTILIZE A SHOWING AGENT/ASSISTANT ON BEHALF OF A BUYER), OR A SHOWING ASSISTANT (AN AGENT THAT WILL, UPON AGREEMENT, SHOW HOMES ON BEHALF OF THE BUYER’S AGENT FOR A FEE SET FORTH IN SECTION 6 HEREIN).
- Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
- use information provided by Showingly through the Services in making any loan-related decisions;
- provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
- remove or modify any copyright or other intellectual property notices that appear in the Services;
- use the Services for resale, service bureau, time-sharing or other similar purposes;
- use the Services in any way that is unlawful, or harms Showingly, its service providers, suppliers, or any other user;
- distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
- impersonate another person or misrepresent your affiliation with another person or entity;
- reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Showingly for a particular portion of the Services;
- upload invalid data, viruses, worms, or other software agents to the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Showingly may use to prevent or restrict access to the Services;
- conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
- use any of Showingly’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above
- Delegating Agent Fees. Agents may choose to delegate their showings to a Showing Assistant. If you decide to do so, you enter into a transaction with the Showing Assistant when you request to delegate a showing, and agree to pay the total fees indicated at the time of this request. Where required by law, this amount charged will also be inclusive of applicable taxes. The Assistant, not Showingly, is responsible for performing the Services outlined in Showingly’s Showing Delegation Agreement and Showingly’s Showing Assistant Policies and Procedures. Fees are subject to change at any time for any reason, as we will continue to develop our pricing algorithms. Delegating Agents acknowledge that payment will be nonrefundable if they cancel within 2 hours of showing time.
- Showing Assistant Payment. Agents may choose to act as Showing Assistants within the platform by agreeing to Showingly’s Showing Delegation Agreement. Picking up a showing request from a Delegating Agent enters you into a transaction with the Delegating Agent. Showingly’s role is to facilitate the transaction and the total amount charged to the Delegating Agent may include a service fee payable to Showingly. The Assistant, not Showingly, is responsible for performing the Services outlined in Showingly’s Showing Delegation Agreement and Showingly’s Showing Assistant Policies and Procedures. Fees and Showing Assistant Payout are subject to change at any time for any reason, as we will continue to develop our pricing algorithms. Showing Assistants acknowledge that Delegating Agents reserve the right to terminate the showing appointment. In the event the appointment is terminated within 30 minutes of appointment time, the Showing Assistant will receive the agreed upon payout that they would have received had they conducted the showing.
- User Materials.
- Third-Party/Linked Services/Sent information.
- Terms for Third-Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
- Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
Intellectual Property Notices:
The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Showingly does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions are subject to the copyright owner’s permission and the requirements of applicable law.
- Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Showingly Materials (“Feedback”), if you choose to leave feedback for Agents or Showing Assistants, or if you choose to leave feedback on listings you have seen or shown, you hereby grant Showingly an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services. Showingly shall not be liable or owe any compensation for the use or disclosure of Feedback.
- Testimonials. If you choose to leave a testimonial for an agent on the platform, you hereby grant Showingly an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use this Testimonial in any manner and for any purpose, and Showingly shall not be liable or owe any compensation for the use or disclosure of user Testimonials.
- DMCA; Claims of Copyright Infringement. Showingly respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Showingly’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
11859 N Pecos St, Suite 200
Westminster, CO 80234
Attention: Copyright Agent
By email: firstname.lastname@example.org
If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
- Phone, Text, and Mobile Communications.
- Consent to Autodialed Phone Calls and Automatic Text Messages.This Section 20 applies only to users in the United States. You consent to Showingly communicating with you about the Services by SMS, text message, email and other electronic means, including autodialed text messages and phone calls containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Showingly Service, and you may opt-out of receiving these messages and calls at any time as described in our Privacy Statement (though you may continue to receive messages while Showingly processes your request). You may at times receive texts with embedded links for the purposes of connecting with another party on the platform. These can be prompted by agents or clients for the purposes of connected with each other.
- Phone Number Changes.In the event you deactivate a mobile phone number provided to us, you agree to update your Showingly account information promptly to ensure that messages are not sent to the person who acquires your old number.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.
- Contact Information. The Services are offered by Showingly and its affiliates, located at 11859 N Pecos St, Suite 200, Westminster, CO 80234. You may contact Showingly by sending correspondence to that address or emailing email@example.com.