ShowingTime+
Terms of Use

Effective Date: September 30, 2024

Please read these terms and conditions (“Terms of Use”) carefully before using this website, clicking a registration, new account submission, or order placement button, or by otherwise using any products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through this website (collectively, the “Services”). The Services are operated through ShowingTime Plus, LLC (“ShowingTime+”, “us”, “our”, or “we”).  You agree to be bound by these Terms of Use, the terms applicable to products we provide to you (“Product Terms”), and the Privacy Notice, all as updated from time to time.

1. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations.  When you register for an account, you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.

2. Use of the Services; Restrictions.

   1. Use of the Services. As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services. If you are a real estate professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as otherwise expressly stated herein, including any applicable Product Terms, these Terms of Use do not provide you with a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.  Unless explicitly specified by the Product Terms, THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, we may serve advertisements based on the information we collect through the Services. See our Privacy Notice for more details.

   2. Use of Content. Subject to the restrictions set forth in these Terms of Use and any Product Terms, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, and/or communicate such information. 

3. Prohibited Use.

   BY USING THE SERVICES, YOU AGREE NOT TO:

   • reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that Product’s Services;
   • provide/post/authorize a link to any of the Services 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, except as explicitly permitted by us for a particular portion of the Services;
   • remove or modify any copyright or other intellectual property notices that appear in the Services;
   • use the Services in any way that is unlawful or harms us , our service providers, suppliers, affiliates, or any other user;
   • use the Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
   • post, display, communicate, or otherwise make accessible to any third party on or through the Services (including but not limited to any content posted on or through ShowingTime, provided for a Showcased Listing, or included in the agent profile section of a Showcased Listing) a seller’s or listing agent’s offer of buyer agent compensation (including an amount, percentage, or that buyer agent compensation is offered at all),  irrespective of whether such offer of compensation is connected to any specific property
   • distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
   • impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
   • reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, 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 us for a particular portion of the Services;
   • upload invalid data, viruses, worms, or other software agents to the Services;
   • post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgment and discretion, consider illegal, offensive, or objectionable including without limitation content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals;
   • interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we 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, or any other automated activity with the purpose of obtaining information from the Services) on the Services;
   • use any of our trademarks as part of your 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.
     
     

4. Fees

   1. Generally. Unless otherwise agreed upon with us, you may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use or applicable Product Terms for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

   2. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at [email protected], or, if applicable by contacting your business consultant.

5. User Materials.

   1. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide us images, photos, video, data, text, listings, and other content (“User Materials” or “UGC”). Absent any additional terms provided in the Product Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize us and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use and any applicable Product Terms.

   2. UGC Disclaimer. We are under no obligation to edit or control your User Materials or the User Materials of any other user and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any User content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. For more information on our handling of allegedly infringing content, please see Section 10 below.

6. Third Party/Linked Services/Sent information.

   1. Generally. The Services may include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

7. Certain Third-Party Services.

   1. Certain aspects of the Services include Third-Party tools that are subject to additional Third-Party terms, including, but not limited to, the following:
      
      (i) Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, and Google’s Privacy Policy
      
      (ii) 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. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes.
      
      (iii) HDPhotoHub.  Some of the Services will process your orders, allow you to make payments to us, and receive media or other content from us, through HDPhotoHub.  Your use of HDPhotoHub is subject to the HDPhotoHub Terms of Use, available at https://hdphotohub.com/public/terms.asp.  

8. Intellectual Property. The Services are owned and operated by us, our affiliates, and related entities. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Our Materials”) that we provide are protected by intellectual property and other laws and are our property or the property of our Third-Party licensors, as applicable.  Except as expressly allowed by these Terms of Use, you may not make use of the Our Materials, and we reserve all rights to the Our Materials and Services not granted expressly in these Terms of Use. Intellectual Property Notices: certain content on the Services is owned by ZIP+4 data and the United States Postal Service. 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. Except as otherwise set forth in the applicable Product Terms, we do 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 is subject to the copyright owner’s permission and the requirements of applicable law.

9. Feedback. If you choose to provide input, suggestions, ideas, recommendations, or other information regarding the Services, including related to any of Our Materials (“Feedback”), then, unless specified otherwise in the applicable Product Terms, you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.

10. DMCA; Claims of Copyright Infringement. We respect the intellectual property rights of others and ask 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 our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
    
    (i) Identification of the copyrighted work that you claim has been infringed;
    (ii) 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;
    (iii) Your address, telephone number, and if available, e-mail address, so that the copyright agent may contact you about your complaint; and
    (iv) 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 can be sent as follows:

    Zillow, Inc.
    1301 Second Avenue, Floor 31
    Seattle, WA 98101
    Attention: Legal Department - Copyright Agent
    
    If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
    
    

11. Deactivation/Deletion/Changes to Agreement. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use or Product Terms, your permission from us to use the Services will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend, or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services. We reserve the right to change these Terms of Use or Product Terms at any time in our sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes to these Terms of Use or Product Terms. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use and Product Terms and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use and Product Terms. You are responsible for regularly reviewing these Terms of Use.

12. Privacy Notice/Other Terms.

    1. Privacy Notice. We will collect, use, store, and disclose personal information in accordance with our Privacy Notice. Please consult our Privacy Notice for more information, which is incorporated into, and made a part of, these Terms of Use.

    2. Terms. Your use of the Services is subject to all additional guidelines, rules, the Product Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation, the 3D Home Terms and Guidelines. If you are a non-affiliated Third-Party Provider who has created an industry professional account with Zillow Group, you are subject to the NMLS Data Terms. All such terms are incorporated into, and made a part of, these Terms of Use.

13. Indemnification. You agree to indemnify, defend, and hold us harmless, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use or the Product Terms; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.

14. No Warranties. WE PROVIDE THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR ANY OF OUR ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING OUR MATERIALS AND ALL USER MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

15. Limitation of Liability/Exclusive Remedy.  IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE, PRODUCT TERMS, OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. OUR AND ANY OF OUR AFFILIATES AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE AND PRODUCT TERMS, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE AND PRODUCT TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

16. Choice of Law; Disputes. These Terms of Use and Product Terms are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use and Product Terms. We operate the Services from our offices in Washington, and we make no representation that the Services are appropriate or available for use in other locations.

17. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and us with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 1; 3-19.

18. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Notice. Please read our Privacy Notice to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.  The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with us or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by us or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. The information is subject to the Privacy Notice.

19. 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 use of the Service.

Along with the Terms of Use and Privacy Notice, these ShowingTime Product Terms (“ShowingTime Terms”) (collectively the “Agreement”) govern your use of our ShowingTime products and services (“ShowingTime Services”) and are provided to you by ShowingTime Plus, LLC (“ShowingTime+”).  

By using the ShowingTime Services, you agree to comply with the Agreement.  The Agreement takes effect when you click “submit”, “I accept”, or a similar button or check box presented to you as part of the ShowingTime Services ordering process or when you first use the ShowingTime Services, whichever is earlier, and will remain in effect during the term of the applicable order or until terminated as specified in the Agreement.  For clarity, Sections 2, 3, 5, 6, 7, and 10 -14 of these ShowingTime Terms survive the termination or expiration of the Agreement.  

The ShowingTime Services

1. Account Information.  When you provide or otherwise validate information about yourself to ShowingTime+ in connection with the creation or administration of your account, including your name, username, phone number, email addresses, or billing information (“Account Information”) you grant ShowingTime+ an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, and transmit your Account Information.  For example, ShowingTime+ may use your Account Information to market ShowingTime+ products and services to you as well as other ShowingTime+ affiliate products and services that may be of interest to you.  
2. Login Credentials.  To access the ShowingTime Services, you must obtain a login name and password from ShowingTime+ (“Credentials”). You acknowledge and agree to the following: (i) you are fully responsible for maintaining the confidentiality and security of your Credentials; (ii) you are fully responsible and liable to ShowingTime+ for any activity that occurs in the ShowingTime Services under your Credentials; (iii) you are required to immediately notify ShowingTime+  (i) your password is lost or stolen, or (ii) if you believe your account or Credentials have been compromised, you must notify ShowingTime+ as soon as possible.  If ShowingTime+  reasonably believes a problem with the ShowingTime Services may be attributable to your use of the ShowingTime Services or UGC, you must reasonably cooperate with us to resolve the problem.  For the avoidance of doubt, ShowingTime+ is not responsible or liable for any loss or damage to you or any third party arising out of or related to your failure to comply with the provisions of this Section 2.
3. Security Measures.  ShowingTime+ is responsible for taking and maintaining steps to protect the confidentiality, integrity, and security of the ShowingTime Services. ShowingTime+  will implement and maintain appropriate technical and organizational security measures designed to protect against unauthorized access to UGC.  Any breach by ShowingTime+ of the Product Terms that results in unauthorized access to UGC is subject to the limitations of liability in the Agreement.  You are responsible for: (a) ensuring that the ShowingTime Services and its security is appropriate for UGC and your intended use; (b) taking and maintaining appropriate steps to protect the confidentiality, integrity, and security of your Credentials and UGC; (c) any use of the ShowingTime Services that occurs under your Credentials; (d) your UGC; (e) the compliance with this Agreement of any use under your Credentials by other users; and (f) providing any necessary notices or obtaining any legally required consents related to your use of the ShowingTime Services.
4. ShowingTime Services Features.  You provide ShowingTime+ your consent to send you SMS and text messages, email messages, to call you and leave you telephone messages, and to send you "app" alerts from the ShowingTime Services (“Alert Features”). You agree ShowingTime+ may share any information you provide to ShowingTime+ related to the Alert Features with real estate agents and/or their representatives to enable them to send reports via email, SMS and/or text messages, phone, or "app" alerts.  You represent and warrant to ShowingTime+ you have or will obtain the necessary consents to send any information, including consumer personal data, to the ShowingTime+ Services and through the Alert Features.  Additionally, some features in the ShowingTime Services may be recorded.  You will receive an in product notification when a recording feature is enabled.  If you do not consent to the notification, you can leave the recorded area of the ShowingTime Services.  Otherwise, by continuing your use of the ShowingTime Services, you consent to the storage of those recordings by ShowingTime+.  Please see the ShowingTime+ Privacy Notice for more information on the collection and use of personal information.   
5. ShowingTime Services Interoperability Requirements.  To provide interoperability, the ShowingTime Services may access, store, and utilize hardware and software information about your computer, including (i) the type of computer and processor, (ii) the operating system and version on your computer, (iii) the available disk and memory storage space available, (iv) the speed of the computer, and (v) the version of software components used by the ShowingTime Services, such as Microsoft .NET.
6. Ownership of UGC.  You retain all right, title, and interest to UGC.  You grant ShowingTime+ and its affiliates, subsidiaries, assignees, agents and licensees the license in Section 5.1 of the Terms of Use to the UGC.  For the purposes of clarity, ShowingTime+ owns all right, title, and interest in and to any anonymized and/or de-identified compilation, aggregation, derivative work, or collective work created by ShowingTime+ using or incorporating UGC (“Summary Data”).  
7. Ownership of the ShowingTime Services. As between you and us, we retain all right, title, and interest in and to the ShowingTime Services, including all improvements, enhancements, modifications, and derivative works thereof, and all related Intellectual Property Rights. If you provide any Feedback, we may use that Feedback without restriction, and you irrevocably assign to us all right, title, and interest in and to that Feedback. Your rights to use the ShowingTime Services are limited to those expressly granted in the Agreement.  No other rights are implied with respect to the ShowingTime Services or any related Intellectual Property Rights.  “Intellectual Property Rights” in this Section 6 means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now, or hereafter in force and effect worldwide and in all media now existing or later developed.
8. Modifications; End of Availability.  ShowingTime+ may from time to time make modifications to the ShowingTime Services and/or any part of the ShowingTime Services. Any changes will become effective on the date published or as we may notify you. We may also elect to cease providing any part of the ShowingTime Services, in which case, if required by our applicable internal policies, we will provide you with notice.  For clarity, ShowingTime+ has no obligation under this Agreement to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the ShowingTime Services.
9. Third Party Partners.  If you elect to leverage certain integration or other functionality within the ShowingTime Services provided by one of our third party partners, the applicable third party partner terms and conditions apply.  You can review a list of our third party partners here.       
10. Permissions and Consents.  You acknowledge and agree you have all necessary permissions and consents from your clients, as well as any applicable third parties, as it relates to the ShowingTime Services, including but not limited to the UGC you include in the ShowingTime Services.  You shall fully indemnify and hold ShowingTime+ harmless from and against any and all claims relating to your failure to obtain the necessary permissions and consents under this Agreement.   
11. Prohibited Uses.  For clarity, in addition to the prohibited uses in the Terms of Use, the ShowingTime Services may not be used to post, display, communicate, or otherwise make accessible to any third party on or through the ShowingTime Services a seller’s or listing agent’s offer of buyer agent compensation (including an amount, percentage, or that buyer agent compensation is offered at all),  irrespective of whether such offer of compensation is connected to any specific property. 
12. No Refunds/No Guarantees. ShowingTime+ does not provide any refunds and does not guarantee any result by your use of the ShowingTime Services.
    
    General Provisions
    
    
13. Confidentiality.  For the purposes of this Agreement, “Confidential Information” means information about the disclosing party’s business or activities that is proprietary and confidential, including the terms of this Agreement and all business, financial, technical, strategic, and other information of a party, which, by its nature or due to the circumstances surrounding its disclosure, ought in good faith to be treated as confidential.   Confidential Information does not include your Account Information.  Confidential Information will not include information that (a) is in or enters the public domain without breach of this Agreement, (b) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (c) was known to the receiving party without confidentiality restrictions at the time of its receipt from the disclosing party, or (d) has been developed by the receiving party without reliance on the Confidential Information. Each party (y) will not use, or disclose to any third party, any Confidential Information disclosed to it by the other party for any purpose except as expressly permitted in this Agreement, and (z) will protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care. Notwithstanding the foregoing, each party may disclose Confidential Information (i) on a “need-to-know” basis to its officers, directors, employees, agents, contractors, consultants, legal counsel, accountants, banks, and other financing sources and their advisors, and (ii) if required to be disclosed by law or judicial or other proceeding, provided that the receiving party notifies the disclosing party of such disclosure and affords the disclosing party a reasonable opportunity to seek protective legal treatment of such Confidential Information. 
14. Your Compliance with Applicable Law, Regulation, and MLS and Association Rules.  You acknowledge and agree you shall comply with all applicable laws, rules, and regulations related to your use of the Dotloop Services, including but not limited to any applicable MLS or Association Rules.  
15. Term. Each ShowingTime Services order, as applicable, commences on the date specified in that order and will continue for duration of the term set forth in that order.  

To read more about your rights and obligations related to using the ShowingTime Services generally, please read our Terms of Use and Privacy Notice.

Along with the Terms of Use and Privacy Notice, these Dotloop Product Terms (“Dotloop Terms”) (collectively the “Agreement”) govern your use of our Dotloop products and services (“Dotloop Services”) and are provided to you by ShowingTime Plus, LLC (“ShowingTime+).  

By using the Dotloop Services, you agree to comply with the Agreement.  The Agreement takes effect when you click “submit”, “I accept”, or a similar button or check box presented to you as part of the Dotloop Services ordering process or when you first use the Dotloop Services, whichever is earlier, and will remain in effect during the term of the applicable order or until terminated as specified in the Agreement.  For clarity, Sections 2, 3, 5, 6, 7, and 9 -24 of these Dotloop Terms survive the termination or expiration of the Agreement.  

The Dotloop Services

1. Account Information.  When you provide or otherwise validate information about yourself to ShowingTime+ in connection with the creation or administration of your account, including your name, username, phone number, email addresses, or billing information (“Account Information”) you grant ShowingTime+ an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, and transmit your Account Information.  For example, ShowingTime+ may use your Account Information to market ShowingTime+ products and services to you as well as other ShowingTime+ affiliate products and services that may be of interest to you.  
2. Login Credentials.To access the Dotloop Services, you must obtain a login name and password from Dotloop (“Credentials”). You acknowledge and agree to the following: (i) you are fully responsible for maintaining the confidentiality and security of your Credentials; (ii) you are fully responsible and liable to ShowingTime+ for any activity that occurs in the Dotloop Services under your Credentials; (iii) you are required to immediately notify ShowingTime+  (i) your password is lost or stolen, or (ii) if you believe your account or Credentials have been compromised, you must notify ShowingTime+ as soon as possible.  If ShowingTime+  reasonably believes a problem with the Dotloop Services may be attributable to your use of the Dotloop Services or UGC, you must reasonably cooperate with us to resolve the problem.  For the avoidance of doubt, ShowingTime+ is not responsible or liable for any loss or damage to you or any third party arising out of or related to your failure to comply with the provisions of this Section 2.
3. Security Measures.  ShowingTime+ is responsible for taking and maintaining steps to protect the confidentiality, integrity, and security of the Dotloop Services. ShowingTime+  will implement and maintain appropriate technical and organizational security measures designed to protect against unauthorized access to UGC.  Any breach by ShowingTime+ of the Product Terms that results in unauthorized access to UGC is subject to the limitations of liability in the Agreement.  You are responsible for: (a) ensuring that the Dotloop Services and its security is appropriate for UGC and your intended use; (b) taking and maintaining appropriate steps to protect the confidentiality, integrity, and security of your Credentials and UGC; (c) any use of the Dotloop Services that occurs under your Credentials; (d) your UGC; (e) the compliance with this Agreement of any use under your Credentials by other users; and (f) providing any necessary notices or obtaining any legally required consents related to your use of the Dotloop Services.
4. Dotloop Services Features.  You provide ShowingTime+ your consent to send you SMS and text messages, email messages, to call you and leave you telephone messages, and to send you "app" alerts from the Dotloop Services (“Alert Features”). You agree ShowingTime+ may share any information you provide to ShowingTime+ related to the Alert Features with real estate agents and/or their representatives or loop participants to enable them to respond via email, SMS and/or text messages, phone, or "app" alerts.  You represent and warrant to ShowingTime+ you have or will obtain the necessary consents to send any information, including consumer personal data, to the Dotloop Services and through the Alert Features. Please see the ShowingTime+ Privacy Notice for more information on the collection and use of personal information.   
5. Ownership of UGC.  You retain all right, title, and interest to UGC.  You grant ShowingTime+ and its affiliates, subsidiaries, assignees, agents and licensees the license in Section 5.1 of the Terms of Use to the UGC.  For the purposes of clarity, ShowingTime+ owns all right, title, and interest in and to any anonymized and/or de-identified compilation, aggregation, derivative work, or collective work created by ShowingTime+ using or incorporating UGC (“Summary Data”).  
6. Ownership of the Dotloop Services. As between you and us, we retain all right, title, and interest in and to the Dotloop Services, including all improvements, enhancements, modifications, and derivative works thereof, and all related Intellectual Property Rights. If you provide any Feedback, we may use that Feedback without restriction, and you irrevocably assign to us all right, title, and interest in and to that Feedback. Your rights to use the Dotloop Services are limited to those expressly granted in the Agreement.  No other rights are implied with respect to the Dotloop Services or any related Intellectual Property Rights.  “Intellectual Property Rights” in this Section 6 means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now, or hereafter in force and effect worldwide and in all media now existing or later developed.
7. Modifications; End of Availability.  ShowingTime+ may from time to time make modifications to the Dotloop Services and/or any part of the Dotloop Services. Any changes will become effective on the date published or as we may notify you. We may also elect to cease providing any part of the Dotloop Services, in which case, if required by our applicable internal policies, we will provide you with notice.  For clarity, ShowingTime+ has no obligation under this Agreement to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Dotloop Services.
8. Third Party Partners.  If you elect to leverage certain integration or other functionality within the Dotloop Services provided by one of our third party partners, the applicable third party partner terms and conditions apply.  
9. Permissions and Consents.  You acknowledge and agree you have all necessary permissions and consents from your clients, as well as any applicable third parties, as it relates to the Dotloop Services, including but not limited to the UGC you include in the Dotloop Services.  You shall fully indemnify and hold ShowingTime+ harmless from and against any and all claims relating to your failure to obtain the necessary permissions and consents under this Agreement.   
10. Prohibited Uses.  For clarity, in addition to the prohibited uses in the Terms of Use, the Dotloop Services may not be used to post, display, communicate, or otherwise make accessible to any third party on or through the Dotloop Services a seller’s or listing agent’s offer of buyer agent compensation (including an amount, percentage, or that buyer agent compensation is offered at all),  irrespective of whether such offer of compensation is connected to any specific property. 
11. No Refunds/No Guarantees. ShowingTime+ does not provide any refunds and does not guarantee any result by your use of the Dotloop Services.
    
    Terms Specific to Dotloop Dashboard Services Users
    
    
12. Dotloop Dashboard Services.   The Dotloop Dashboard Services provides a document management solution for you to create, edit, negotiate, upload, download, share and sign documents and contracts related to your real estate transactions. The Dotloop Dashboard Services includes a database that electronically stores certain forms provided to us by you (the “Forms”) and makes those Forms available to you through the Dotloop Dashboard Services.
13. Forms License.  You grant us an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, and translate your Forms, in connection with the Dotloop Services. Any costs associated with any custom Forms will be invoiced to you separately. 
14. Order.  Your “Order” is the written terms and conditions between you and ShowingTime+ for the Dotloop Dashboard Services.  “You” in these Dotloop Terms means “Client” In your Order.
15. Term. Unless otherwise specified in your Order, the term of your Dotloop Dashboard Services Agreement shall be one (1) year commencing on the effective date of the Order (“Initial Term”), and shall automatically renew thereafter for successive one (1) year periods (each a “Renewal Term”) unless either party provides a written notice of termination of the Order at least sixty (60) days prior to the end of the then current Renewal Term.  The Initial Term and any Renewal Term are collectively referred to as the “Term”.  
16. Fees and Payment.  Within fifteen (15) days of execution of your Order, you shall pay, via credit card to ShowingTime+, a one-time initiation fee (“Initiation Fee”).  In addition to the Initiation Fee, you shall pay ShowingTime+ a recurring annual or monthly subscription fee (“Subscription Fee”) for the number of users identified in your Order to access the Dotloop Dashboard Services (“User Count”).  You acknowledge and agree you will be charged at then current list prices for any usage of the Dotloop Dashboard Services exceeding the terms and conditions in your Order (e.g, your number of actual users exceeding the User Count identified in your Order). 
17. Fee Increases.  For any Renewal Term, ShowingTime+ reserves the right to increase its fees for the Dotloop Services.  If reasonably practicable, ShowingTime+ shall provide notice of the increase on its website or by email.  
18. Add-Ons.  From time to time during your Order, ShowingTime+ may offer to provide you additional features or functionalities (“Add-Ons”).  If you request such Add-Ons, ShowingTime+ may charge you for the fees applicable to those Add-Ons.  
19. Credit Card Processing.  We will automatically charge your credit card for all fees in your Order and you acknowledge and agree that ShowingTime+ is not required to send you (i) advanced notice; or (ii) confirmation of such credit card charges.  If ShowingTime+ is unable to charge a payment to your credit card or is otherwise unable to obtain payment from you, ShowingTime+ retains the right, in its sole discretion, to either immediately suspend your account or terminate your access to the Dotloop Dashboard Services.  ShowingTime+ may update your credit card information (and apply those updates to future payments) based on information provided to ShowingTime+ through the account updater programs provided by the payment networks.  You should contact your card issuer for details. 
20. Marketing and Promotion.  During the Term, dotloop shall make the Product (as defined in Section 3) available to Client and to Client’s identified users (each individually a “User”, and collectively the “Users”) as provided herein. Throughout the Term, Client shall actively and exclusively promote the use of the Product to all of its Users.
21. Representations and Warranties.  You represent and warrant to ShowingTime+: (i) you have sufficient right, title, and interest in and to the Forms to grant ShowingTime+ the license to the Forms; (ii) the use of the Forms as contemplated by this Agreement shall not constitute a violation or infringement of any third party’s intellectual property rights therein; (iii) neither the execution of this Agreement nor any actions or behaviors expressly or impliedly contemplated hereby shall constitute a violation, infringement, or breach of any contractual relationship between you, your users, and/or any third party; and (iv) neither the execution of this Agreement nor any actions or behaviors expressly or impliedly contemplated hereby shall constitute a violation or infringement by you or any of your users of any ethical standards applicable to you or them, respectively.
22. Dotloop Dashboard Services and Forms Are Provided “AS IS”.  Except as expressly set forth in the Agreement, ShowingTime+ shall have no liability for the Dotloop Dashboard Services, Forms, or any other features or functionalities of the Dotloop Services.  
    
    General Provisions
    
    
23. Confidentiality.  For the purposes of this Agreement, “Confidential Information” means information about the disclosing party’s business or activities that is proprietary and confidential, including the terms of this Agreement and all business, financial, technical, strategic, and other information of a party, which, by its nature or due to the circumstances surrounding its disclosure, ought in good faith to be treated as confidential.   Confidential Information does not include your Account Information.  Confidential Information will not include information that (a) is in or enters the public domain without breach of this Agreement, (b) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (c) was known to the receiving party without confidentiality restrictions at the time of its receipt from the disclosing party, or (d) has been developed by the receiving party without reliance on the Confidential Information. Each party (y) will not use, or disclose to any third party, any Confidential Information disclosed to it by the other party for any purpose except as expressly permitted in this Agreement, and (z) will protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care. Notwithstanding the foregoing, each party may disclose Confidential Information (i) on a “need-to-know” basis to its officers, directors, employees, agents, contractors, consultants, legal counsel, accountants, banks, and other financing sources and their advisors, and (ii) if required to be disclosed by law or judicial or other proceeding, provided that the receiving party notifies the disclosing party of such disclosure and affords the disclosing party a reasonable opportunity to seek protective legal treatment of such Confidential Information. 
24. Your Compliance with Applicable Law, Regulation, and MLS and Association Rules.  You acknowledge and agree you shall comply with all applicable laws, rules, and regulations related to your use of the Dotloop Services, including but not limited to any applicable MLS or Association Rules.  
25. Term. Each Dotloop Services order, as applicable, commences on the date specified in that order and will continue for duration of the term set forth in that order.  

To read more about your rights and obligations related to using the ShowingTime Services generally, please read our Terms of Use and Privacy Notice.

To read more about your rights and obligations related to using the ShowingTime Services generally, please read our Terms of Use and Privacy Notice.