Effective on: 05/01/2021
1. Contract between You and Us.
Welcome to ShowingSmart.com, operated by Houston Realtors Information Service, Inc. (“HRIS”). These Terms govern your access to and use of ShowingSmart.com (also “we”, “us” or “our”). We provide access to and use of information, content and communication, in relation to property access and scheduling a property showing (the “Services”). The Services are available to any person or entity (“you” or “your”) conditioned on the acceptance of these Terms. By having an account or visiting ShowingSmart.com or using the Services whether by desktop, laptop, television, application or by any other device or means, you have agreed with HRIS to be bound by these Terms (the “Agreement”), including any future modifications to the Terms that may be posted by ShowingSmart.com. Further, you acknowledge reading and understanding this Agreement. If you have entered the Agreement acting on behalf of a company, organization, governmental or other entity, you represent that you are authorized to do so and bind such entity to these Terms. You must be 18 years of age or older to access ShowingSmart.com or use the Services. You represent that you will use the Services in compliance with this Agreement and all applicable local, state and federal laws, rules and regulations.
2. Our Content.
You agree that the content and technology provided through ShowingSmart.com or by the Services, including, but not limited to, textual, statistical, financial, factual, photographic, video, recordings, audio, selection and arrangement of property data and all other data or communication, available through or displayed by ShowingSmart.com (the “Content”), is exclusively owned or controlled by HRIS and/or its licensors, and is protected by United States copyright and intellectual property laws. You acknowledge that your use of the Content will be restricted to your own personal, non-commercial use. You shall not convert, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to convert, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license the Content. You agree to comply with any additional use restrictions which may be posted by ShowingSmart.com at any time regarding the Content.
3. Your Content.
You alone are responsible for the content you create (and do not receive from us) such as your notes, comments or other data or communication that you submit to or transmit through ShowingSmart.com or the Services (“your content”). You retain your rights to your content, though we may use your content in a number of different ways, including using it as a part of the Services, reformatting it, publicly displaying it, incorporating it into advertising, creating derivative works from it and allowing other third parties to use it as distributed to them by us. You represent that you have the legal right to and do hereby irrevocably grant to us a world- wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable license to use your content as we choose. You represent to us that your content is not in violation of any laws, including, but not limited to, patent, privacy, copyright, trademark or other common laws, statutes or contractual rights. In addition to the indemnity provision in Paragraph 9, you agree to pay all royalties, fees, fines or any other monies owed to any person or entity as a result of your content submitted to or posted on ShowingSmart.com. You agree that your content will not be unlawful, threatening, abusive, pornographic, harassing, violent, invasive, in violation of copyright, trademark, patent, trade secret or other rights, false, misleading, defamatory, tortious or discriminatory which includes hateful content based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. You are solely responsible for the completeness and accuracy of your content, and you waive any claim that your content violates any of your rights to privacy. You also agree not to submit your content in a commercial manner such as advertising or promoting your services without a separate written agreement. We reserve the right, but have no obligation or responsibility, to remove, monitor, screen, store or edit your content. We also reserve the right, at our sole discretion, to terminate your account and to remove your content from ShowingSmart.com for any reason or no reason, though we reserve the right to store and use your content, even after termination, as previously expressed herein.
4. External Links.
5. Content Use Limitations.
Unless we expressly authorize you in writing, you may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any of the Content. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft or conversion of the Content and those who obtain the Content in this manner will be liable to ShowingSmart.com. By using ShowingSmart.com or the Services you represent to us that you will not use your content or the Content for any unlawful purpose, tortious conduct or any prohibited use. If we determine, in our sole discretion, that you are in violation of the Agreement, then we may block your access to or use of ShowingSmart.com and/or the Services or terminate this Agreement.
Services include those that require you to register information or create an account to access ShowingSmart.com, to have contact with a Realtor®/licensee, to access a property or to schedule a property showing. These are also known as “Account Services”. For Account Services, when prompted or asked, you agree to provide and maintain accurate, current and complete information, including your contact information which would include your email address and your mobile phone number for notices and other communications from us or a Realtor®/licensee. You consent to us or a Realtor®/licensee, as may apply, contacting you and providing information to you by your email address and by your mobile phone number, including via phone calls (live or automated), phone recorded messages and SMS, MMS and text messages, which email address and mobile phone number you provide to us through the Account Services (“Account Contacts”). You consent to us or a Realtor®/licensee, as may apply, using third-party and publicly sourced information about you generated from Account Contacts and information you submit to Account Services. If a Realtor®/licensee has your Account Contacts, then you represent to us that the Realtor®/licensee has your consent to provide to us your Account Contacts for our use. As a Realtor®/licensee, you represent to us that Account Contacts and information you provide to us on behalf of a buyer or seller or your client is done so with their consent. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s email, password or other account information, or another person’s name or likeness. You are responsible for all activities that occur through your account and password. You do have the right to terminate, control or modify information in your account settings at any time. ShowingSmart.com reserves the right, at its sole discretion, to terminate or restrict your account at any time, with or without notice.
7. Use of the Services.
You represent to ShowingSmart.com that any and all use of the Services by you will be done in an ethical, legal and lawful manner, abiding by any applicable federal, state and local law, and any applicable code of ethics. For example, you shall NOT by use of the Services:
a) deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity, and you shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.
b) display information regarding the racial, religious or ethnic composition of any neighborhood.
c) display information that indicates preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.
d) cause any person to be denied access to a property for sale or lease based on that
person’s race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.
ShowingSmart.com reserves the right, at its sole discretion, to terminate or restrict your Services at any time, with or without reason or notice.
8. LIABILITY AND DAMAGES LIMITATIONS.
YOU ACCESS AND USE SHOWINGSMART.COM, THE SERVICES AND THE CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE LIABLE TO YOU IN RELATION TO THE CONTENT AND THE SERVICES, AND YOU HEREBY RELEASE US FROM LIABILITY FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES TO YOU OR YOUR PROPERTY (REAL OR PERSONAL) THAT RESULT FROM: YOUR ACCESS TO OR USE OF OR INABILITY TO USE SHOWINGSMART.COM OR THE SERVICES, THE CONTENT OR YOUR CONTENT, DELETIONS OF YOUR CONTENT, DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS OR FAILURE IN CELLULAR, WIFI OR INTERNET CONNECTION TO SHOWINGSMART.COM, VIRUSES, OUR CONDUCT OR BY OUR NEGLIGENCE, YOUR CONDUCT OR CONDUCT OF THIRD PARTIES OR OTHER USERS, ACTS OF GOD, AND UNAUTHORIZED ACCESS TO THE SERVICES, SHOWINGSMART.COM OR YOUR ACCOUNT (OR RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.
9. WARRANTY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOWINGSMART.COM, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT SHOWINGSMART.COM OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH SHOWINGSMART.COM. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO SHOWINGSMART.COM AND ALL CONTENT AND INFORMATION AVAILABLE THROUGH SHOWINGSMART.COM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SHOWINGSMART.COM AND THE INFORMATION AVAILABLE THROUGH SHOWINGSMART.COM ARE ALWAYS SUBJECT TO CHANGE.
YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR PARENT COMPANY, AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“INDEMNITEE”) FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, INCURRED BY ANY INDEMNITEE IN RELATION TO YOUR (OR ANY USER OF YOUR ACCOUNT(S)): 1) BREACH OF THE AGREEMENT; 2) USE OF THE SERVICES; 3) CONDUCT TOWARDS A THIRD PARTY; 4) USE OF THE CONTENT OR YOUR CONTENT; OR 5) ACCESS TO SHOWINGSMART.COM.
11. No Personal or Legal Advice.
The information contained in or made available by ShowingSmart.com does not and is not intended to convey any form of advice to you regarding the lease, sale or purchase of real property. Further, you are not relying on ShowingSmart.com for advice. The information on ShowingSmart.com cannot replace or be a substitute for the separate advice of a professional such as a Realtor® or a licensee or a lawyer you may engage with respect to your understanding and use of the information on ShowingSmart.com. You acknowledge that we are not advising or recommending to you which Realtor® or licensee, if any, should be used for any matter, nor do we suggest what terms should be a part of any arrangement with a Realtor® or licensee. Any information received through ShowingSmart.com should be independently verified. Likewise, any information you review or receive on or from ShowingSmart.com, including, but not limited to, information in relation to properties, Realtors®, licensees, the Services, governmental entities, location data or all other data related to real estate, is purely informational, should be independently verified and you acknowledge to have not relied upon it, in part or in whole, in entering any transaction or making any decision.
12. Changes to ShowingSmart.com or Agreement.
HRIS may make changes or improvements to the Services, the Content or other information on ShowingSmart.com at any time without notice. Any modifications to the Terms will become effective once sent to you, when posted on ShowingSmart.com or upon your next login to ShowingSmart.com.
14. Choice of Law, Jurisdiction and Venue.
This Agreement is governed by laws of the State of Texas without regard to principles of conflicts of laws. The federal or state district courts in Harris County, Texas shall have exclusive jurisdiction and venue over you and for any action at law or in equity that arises out of or relates to the Agreement, the Services or ShowingSmart.com. Further, you waive any objection to such jurisdiction and venue.
15. Business Dealings.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings related to this Agreement.
If any of the Terms are found to be waived, unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining terms in the Agreement.
17. Entire Agreement.
This Agreement contains the entirety of the agreement between you and HRIS for the access to or the use of ShowingSmart.com and the Services and cannot be orally modified by you or us. This Agreement can be modified only by our posting of changes to it on ShowingSmart.com.
HRIS may suspend your ability to use all or any party of the Services or may terminate this Agreement at any time and at its sole discretion, without notice or explanation. Any termination of your account or this Agreement may cause your content to be deleted, though we reserve the right to store and use your content as expressed in Paragraph 3. Further, Paragraphs 8, 9,10 and 14 above survive any termination of this Agreement.
19. Copyright Notice.
It is expected that ShowingSmart.com will comply with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on ShowingSmart.com, then please provide notice with the following information to the designated copyright agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Designated Agent René Galvan
Executive Vice President
Houston Association of REALTRS®, Inc.
3693 Southwest Freeway
Houston, Texas 77027
We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.
20. Copyright Counter-Notice.
If you believe that your content that has been removed from ShowingSmart.com is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the district where you live, or in the Southern District of Texas if you live outside the United States, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Upon receipt of your counter-notification, we may or may not, at our sole discretion, replace or re- enable access to your content at issue.