Anyone Home, Inc. (hereafter referred to as "AH", "MyShowing", "we", "us", or "our") provides an online platform at www.myshowing.com that connects vacant properties with prospects seeking to rent such properties (collectively, the "Services"), which Services are accessible at www.MyShowing.com and any other websites through which MyShowing makes the Services available (collectively, the "Site") By using the Site, you agree to comply with and be legally bound by these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and MyShowing.
You acknowledge and agree that, by accessing or using the site or services or by downloading any content from the site or through the services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site, services, or content. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROPERTIES MAY CREATE LISTINGS (DEFINED BELOW) FOR USERS (DEFINED BELOW) TO LEARN ABOUT AND VISIT VACANCIES BY GAINING ACCESS TO SUCH VACANCIES THROUGH A CODE RECEIVED FROM MYSHOWING TO A LOCKBOX (DEFINIED BELOW). YOU UNDERSTAND AND AGREE THAT MYSHOWING IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROPERTIES AND PROSPECTS, NOR IS MYSHOWING A REAL ESTATE BROKER, AGENT OR INSURER. MYSHOWING HAS NO CONTROL OVER THE CONDUCT OF PROPERTIES, PROSPECTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY VACANCIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE VISITING OF VACANCIES. MYSHOWING CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VACANCIES. MYSHOWING IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VACANCIES.
IN ADDITION, PROPERTIES THAT ARE AVAILABLE TO VISIT MAY BE UNDER CONSTRUCTION OR REHABILITATION.
ACCORDINGLY, ANY VISIT WILL BE MADE AT THE PROSPECT'S OWN RISK.
"MyShowing Content" means all Content that MyShowing makes available through the Site or Services, including any Content licensed from a third party, but excluding user Content. "Content" means text, graphics, images, music, software, audio, video, information or other materials. "Prospect" means a user who visits a Vacancy via the Site or Services. "Property" means a user who makes available a Listing via the Site and Services. "Listing" means a Vacancy that is listed by a Property as available for rent via the Site and Services. "user" means a person who completes MyShowing's account registration process, including, but not limited to Properties and Prospects, as described under "Account Registration" below. "Lockbox" - a box attached to a Property that can be used to access such Property.
MyShowing reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
As stated above, MyShowing makes available a platform with related technology for Prospects and Partners to meet online and arrange for visitation of Vacancies by being given a code to access a Lockbox. MyShowing is not an owner or operator of properties, nor is it a provider of properties, and MyShowing does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, and MyShowing's role is solely to facilitate the availability of the Site and Services. Similarly, MyShowing is not a contracting agent or representative of any Property. Instead, MyShowing's role is solely to facilitate the availability of the Site and Services for users and to provide services related thereto.
For help with our platform you can reach us at firstname.lastname@example.org or call us at (855) 229-4394 Mon-Friday during regular business hours. Add opt-out instructions in this section as well
Opt out instructions:
-EMAIL: Click the unsubscribe link in the email if you no longer want to receive emails from myshowing.com anymore.
-SMS: Reply “STOP” to opt out and no longer receive text messages from myshowing.com.
- Guided Tour: After booking a guided tour, an email containing appointment information will be sent to the prospect. The appointment information contains when and where the appointment is.
- Self Tour: After booking a self tour, an email and SMS will be sent to the prospect. The email contains the self tour appointment information in addition to further self tour instructions. The SMS notifies the prospect that the email containing further self tour instructions has been sent to them.
- Opt-out instructions: You can opt-out of the email notifications by clicking the unsubscribe link that is within the email. To opt-out of the SMS notifications, you can reply “STOP”.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Site Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
-When visiting vacancies, you agree to only enter for the purpose of evaluating a home for your own personal rental or your client's if you are a licensed agent and not to damage or violate in any way any property.;
-Prospects will be responsible for any damage caused as a result of visiting vacancies and their credit card on file will be charged any and all costs to repair and clean such damage;
-When accessing the property via the Lockbox, Prospects agree to replace the key upon leaving the Property or pay a fee of $50 that will be charged to their credit card on file for the key to be replaced;
-When leaving the property, you agree to turn off any lights you turned on, not alter HVAC settings, lock all doors and windows and to not leave any water running. You also agree to not leave on or leave open any appliances;
-Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Content;
-Use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
-Copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
-Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
-Interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
-Use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
-Use our Sit, or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to renting a vacancy;
-"Stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an MyShowing Visitor or Partner;
-Contact a Property for any purpose other than asking a question related to a Visiting, such Properties Vacancies or Listings;
-When acting as a Prospect or otherwise, recruit or otherwise solicit any Property or other user to join third party services or websites that are competitive to MyShowing, without MyShowing's prior written approval;
-Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Use automated scripts to collect information or otherwise interact with the Site or Services;
-Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
-Use, display, mirror or frame the Site or any individual element within the Site or Services, or MyShowing's name, any MyShowing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MyShowing's express written consent;
-Access, tamper with, or use non-public areas of the Site, MyShowing's computer systems, or the technical delivery systems of MyShowing's providers;
-Attempt to probe, scan, or test the vulnerability of any MyShowing system or network or breach any security or authentication measures;
-Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MyShowing or any of MyShowing's providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
-Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
-Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
MyShowing will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MyShowing may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that MyShowing has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any user Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MyShowing reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MyShowing, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
In order to access certain features of the Site and to Visit a Vacancy, you must register to create an account ("MyShowing Account") and become a user. You may register to join the Services directly via the Site or as described in this section.
We will create your MyShowing Account and your MyShowing Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MyShowing reserves the right to suspend or terminate your MyShowing Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MyShowing Account, whether or not you have authorized such activities or actions. You will immediately notify MyShowing of any unauthorized use of your MyShowing Account.
By using our site you are giving us permission to pass your name, phone number, email address, and or physical address to a third party (such as TransUnion) for personal identification verification or to check your IP address for fraudulent behavior during the registration process.
MyShowing does not endorse any users or any Vacancies. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from MyShowing with respect to such actions or omissions.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of MyShowing and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
MyShowing Content and user Content License
Subject to your compliance with the terms and conditions of these Terms, MyShowing grants you a limited, non-exclusive, non-transferable license, to (i) access and view any MyShowing Content solely for your personal and non-commercial purposes and (ii) access and view any user Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyShowing or its licensors, except for the licenses and rights expressly granted in these Terms.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of MyShowing used herein are trademarks or registered trademarks of MyShowing. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at support@MyShowing.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of MyShowing and you hereby irrevocably assign to MyShowing and agree to irrevocably assign to MyShowing all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
MyShowing respects copyright law and expects its users to do the same. It is MyShowing's policy to terminate in appropriate circumstances the MyShowing Accounts of users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and MyShowing Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your MyShowing Account. You may cancel your MyShowing Account at any time via the "Cancel Account" feature of the Services or by sending an email to support@MyShowing.com.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYSHOWING DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, PROSPECTS AND PROPERTIES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.THE SITE, SERVICES, ANDCOLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYSHOWING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYSHOWING MAKES NO WARRANTY THAT THE SITE, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VACANCIES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYSHOWING MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OR VACANCIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYSHOWING OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROPERTIES OR PROSPECTS. YOU UNDERSTAND THAT MYSHOWING DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY VACANCIES. MYSHOWING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PROSPECTS AND PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MYSHOWING.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, VISITING OF ANY VACANCIES VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MYSHOWING WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MYSHOWING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR VISITING OF ANY VACANCY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSHOWING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold MyShowing and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your user Content; (c) your (i) interaction with any user, (ii) Visiting of an Vacancy, (iii) the use, condition or rental of an Vacancy by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Visiting or use of a Vacancy.
Export Control and Restricted Countries
By using the Site and Services, you represent and warrant that (i) neither you nor your listed Vacancy is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site anf Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. MyShowing does not permit Listings associated with certain countries due to U.S. embargo restrictions.
These Terms constitute the entire and exclusive understanding and agreement between MyShowing and you regarding the Site, Services, Collective Content, and any Visiting of Vacancies made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MyShowing and you regarding Visiting of Vacancies, the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without MyShowing's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MyShowing may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MyShowing (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of MyShowing to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyShowing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting MyShowing If you have any questions about these Terms, please contact MyShowing at support@MyShowing.com.