This is a legally binding contract between you and Showing Suite, Inc., so please read the entire terms of service carefully before accessing the Showing Suite™ system. Showing Suite, Inc. is willing to provide you internet based services only on the condition that you accept these terms of service.
1. Terms Used In this agreement:
- a) “HomeFeedback™”, “HomeFollowup”, “ShowingSync™”, “ForeclosureFeedback”, “ShowingCalendar”, means Showing Suite., the internet services operated by Showing Suite, Inc., a California corporation.
- b) “User” means any user of a Showing Suite service.
2. Nature of the Services:
- Showing Suite offers a web-based service to provide home seller’s information regarding the feedback from prospective buyers of their home. The information is provided via e-mails and posting the requested feedback on the seller’s personal control page. There are other features of the service as well. Information is solely to be used for the purpose of providing accurate feedback to home sellers. Any information supplied by users could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect you to use caution and common sense while using our site. Any misuse of the site shall revoke the users rights to acceess the Showing Suite website.
3. Showing Suite, Inc. is only a Venue:
- Showing Suite’s fee structures are subject to change at any time and for any reason and Showing Suite, Inc. reserves the right to modify the membership program, dues, fees, charges or rates at any time upon prior notice sent by message to the e-mail address you have registered in your membership account. You as the user are responsible for paying all applicable taxes for services and any other costs you incur through the use of access to our servers. Subscription terms are month to month unless otherwise agreed upon. Unless otherwise agreed, subscriptions can be cancelled at anytime before the next billing cycle by creating a support ticket directly from your account or emailing firstname.lastname@example.org. Subscriptions are pre-paid and days not used will not be credited back to the subscribers credit card.
- Free Trial Periods: If you sign up for a free trial promotion, you are responsible for account cancellation prior to the end of your free trial term. Failure to cancel will result in charges as agreed on your registration page and no credits will be issued.
- Amounts: Each member will be charged the amount that they agreed to on the registration page or written contract. All subscriptions will be billed a minimum of one full month for any part of the month the Showing Suite(R) service was used. Individual accounts shall not be used for teams, offices or multiple users. Each individual account shall include 100 “Active” status listings. Each individual account having greater than 100 “Active” status listings shall pay an additional amount of 50% of the original subscription price for each additional 100 active listings or portion thereof of the next 100 “Active” status listings. Each paid individual account shall include 100 HomeFollowup Contacts. Each individual account having greater than 100 HomeFollowup contacts shall pay an additional amount of $4.95 of the original subscription price for each additional 500 contacts or portion thereof of the next 500 HomeFollowup contacts.
- Account Discrepancies: You may always contact Showing Suite, Inc. customer service by e-mail at email@example.com. However, if your inquiry is not resolved to your satisfaction within fifteen (15) business days of sending the e-mail and in no event later than ninety (90) days after you should have discovered a questionable billing or other discrepancy in your membership account, you must write to Showing Suite, Inc., 4901 Morena Blvd, Suite 207, San Diego, CA 92117 by United States mail. Failure to write within these time frames waives your right to question the status of your account.
- Payment Methods: You must provide your exact billing address and telephone number to properly process your membership application and corresponding dues, fees and charges. Showing Suite, Inc. accepts major credit cards including Visa, MasterCard and American Express as forms of payment. There is no surcharge for using your credit card to pay membership dues, fees and charges. To complete the membership application process you must submit an accompanying payment authorization. You must keep an acceptable and currently used credit card on file with Showing Suite, Inc. If your credit card expires or otherwise declines payment your access to the site is suspended. Thereafter you have thirty (30) calendar days from the date of your membership dues, fees and charges were posted to your membership account to submit remittance. You are responsible for your membership dues, fees and charges, including collection and legal fees Showing Suite, Inc. may incur in collecting a balance owed by you.
5. Responsibilities of Users:
- By registering for the Showing Suite Services you represent that:
- a) You are of legal age and are otherwise capable of forming a legally binding contract.
- b) You are a Real Estate Agent, Real Estate Broker, Approved MLS Provider, Approved Technology Partner, Approved Strategic Partner, or a Home Seller.
- c) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background.
- d) You will always submit true, current, and complete information.
- e) You will not use any information other than to provide feedback on seller’s properties.
- f) You will not publish any information provided on any of the Showing Suite websites.
- g) You will not take any action that may undermine the feedback system, including, without limitation: leaving positive feedback for yourself by editing agent’s feedback, leaving false negative feedback.
- h) You will not use any Showing Suite, Inc. services to impersonate or portray another person or entity, to communicate under a false name you are not authorized to use, or otherwise engage in false or fraudulent practices.
- i) You are not an unapproved technology company or competitor accessing the site for competitive purposes.
6. Use of Information:
- The Showing Suite™ System acts solely as a passive conduit for feedback information provided by Real Estate Agents and prospective purchasers of property. Your information and the offering or seeking of services on Showing SuiteTM shall not infringe Showing Suite, Inc. or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not contain viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not promote services that you do not have a right to link to or include.Furthermore, you may not post on our site or offer through our site any; service or product that could cause Showing Suite, Inc. to violate any applicable law, statute, ordinance or regulation, or any service or product that is not related to the real estate services that you are permitted to perform under applicable laws or regulations, or any service that is not considered a real estate service. By utilizing the service you acknowledge that email addresses entered by you may be contacted by Showing Suite, Inc. for any purposes of doing business with Showing Suite, Inc.
- You will not send any e-mail including any viruses.
- In the event that you have a dispute with one or more users or/and provider of feedback information, you release Showing Suite, Inc. (and our successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.In connection with the foregoing, you hereby waive any and all rights under California Civil Code section 1542, and any similar federal, state, or local law. The section provides as follows: Section 1542. General Release – Claims Extinguished. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
- Without limiting any other remedies, Showing Suite, Inc. may issue a warning, temporarily suspend, indefinitely suspend or terminate your Showing Suite membership, and delete any information provided via your user name.
10. System Integrity:
- You as a user agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Showing Suite, Inc. or any information posted via the site. If you are issues a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose.
11. Web Links:
- Showing Suite, Inc. may display URLs or icons that allow users to link to other web sites, including, without limitation, sites operated by other Real Estate Agents. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and Showing Suite, Inc. assumes no liability, obligation, or responsibility for such content, representations, or warranties.
13. No Warranty:
- WE AND OUR SUPPLIERS PROVIDE THE SHOWINGSUITE.COM WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
14. Limit on Liability:
- IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY OTHER THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
15. General Compliance:
- With Laws You as a user agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of service.
16. No Agency:
- Showing Suite, Inc. is completely independent from you. You and Showing Suite, Inc. agree we are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchisor or other type of relationship and no such relationship is intended or created by this agreement.
17. Change of Terms:
If the contemplated purpose of any provision of this Agreement is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior agreements between us regarding that subject matter.
- The services hereunder are offered by Showing Suite, Inc., a California Corporation located at 4901 Morena Blvd, Suite 207, San Diego, CA 92117. Showing Suite, Inc. complies with all applicable laws. Pursuant to California Civil Code Section 1789.3 if you are a California resident you:
- May have these terms and conditions e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
- May obtain service pricing information on membership dues, fees, charges and rates by reviewing these terms of service, sending a letter to the foregoing address and a request for this information.
- May contact the Division of Consumer Services of California Department of Consumer Affairs which maintains a complaint assistance unit which accepts correspondence directed to 1020 N. Street #501, Sacramento, CA 95814, or by telephone at 916-445-1254.
20. Entire Agreement: