This Prospective Tenant Agreement (“Agreement”) is a binding agreement between you, either as an individual or as an entity (“Prospective Tenant” or “you”) and the Listing Owner and/or Listing Manager (“Licensor”) controlling any property that you tour (each, a “Listing”) in connection with your access and use of the MyShowing Listing Services and various related websites.
LICENSOR IS WILLING TO PROVIDE TEMPORARY ACCESS AND USE OF THE MYSHOWING PROPERTY SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS IN THIS AGREEMENT. BY ACCESSING AND/OR USING THE MYSHOWING PROPERTY SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR ORGANIZATION AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE MYSHOWING PROPERTY SERVICES.
You accept that any Listing you access in connection with this Agreement, the MyShowing Listing Services, or any various related websites may be undergoing construction, renovation, or repair, and you agree to access each Listing in its then “as-is” condition and at your own risk.
When utilizing the MyShowing Listing Services, you understand that you have no tenancy rights in or to any Listing that you tour. Without warranty, you are receiving a temporary, non-exclusive, one-time license for the sole purpose of touring each individual Listing on and during the specified date and time, and for no other purpose. You understand that any lease agreement between you and Licensor regarding any such Listing will be subject to Licensor’s acceptance of one or more applications and the parties entering into a written lease agreement on terms specified by Licensor. At no time shall you perform any type of invasive inspections of a Listing or inspections that may damage a Listing, including, but not limited to, any type of puncture to the floor, ground, walls, or roof of a Listing, or any digging, staking or underpinning of a Listing. Any Listing you tour shall be left in the same or better condition as it was upon your entry of such Listing. If you or any minor accompanying you damage a Listing, any items in a Listing, or any other damage to the property, Licensor may restore, replace or repair any damage and Licensor may charge the expense therefore to you and you will promptly remit payment to Licensor.
You agree to Indemnity and defend Licensor against any and all claims, suits, demands, or losses claimed by a third-party relating in any way to your or minors under your supervision, acts or omissions while visiting the listing.
Licensor and Anyone Home Inc. (“AH”) make no representation or warranty whatsoever regarding the condition of such Listing or the stability or safety of such Listing. Prospective Tenant and Licensor acknowledge and agree that AH is not a party to this Agreement, and to the fullest extent permitted under applicable law, AH disclaims any and all liability or responsibility related to Prospective Tenant’s and/or Licensor’s acts, errors or omissions in connection with this Agreement, including, without limitation, with respect to any claims and/or liabilities arising out of or in connection with Prospective Tenant’s receipt of any one-time license to tour any individual Listing.
By agreeing to access and use the MyShowing Listing Services and various related websites, you consent to photography, audio recording, and video recording of you and to the release, publication, exhibition, or reproduction of the same to be used for security, promotional purposes, advertising, inclusion on websites, social media, or any other purpose by Licensor and its representatives. You hereby release Licensor, its affiliates, and its and their respective representatives from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or or audio recordings, and you waive all rights to any claims for payment or royalties in connection with any use of these materials. You also waive any right to inspect or approve any photo, video, or audio recording taken by Licensor or the person or entity designated to do so by Licensor.
By submitting this electronic application to view a Listing, you declare that all statements in this application are true and complete. You expressly authorize verification of this information through any and all legal means, including any consumer or criminal record, reporting agencies, personal and professional references, employers and other rental housing owners.
Licensor may reject your application to view a Listing for any reason whatsoever including, without limitation, if you fail to answer any question or give false information. You further authorize Licensor and/or its designees to obtain from any law enforcement agency, present or past employer or supervisor, landlord, finance bureau/office, credit bureau, collection agency, college, university or other institute of learning or certification, private business, military branch or the national personnel records center, personal reference, and/or other persons, and authorize the same to give records or information concerning your criminal history, motor vehicle history, earnings history, credit history, character, employment records, record of attendance and earned degrees or certificates, or any other information requested, whether the said records are private or public, and including those which may be deemed to be privileged or confidential in nature; and you irrevocably and unconditionally release all such persons, including any named or unnamed informant, from any liability resulting from the furnishing of this information.
The failure to enforce any provision of this Agreement shall in no event be deemed a waiver of the right to enforce this Agreement thereafter. This Agreement in no way creates any relationship of agency or co-venture between Licensor, AH, and Prospective Tenant. Each provision of this Agreement is declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein is determined to be invalid or to be unenforceable, such determination shall not affect the validity or enforceability of the remainder of this Agreement.