Please pay SPECIAL ATTENTION to section K in the EULA below
1) Showing Assistant agrees not to directly or indirectly solicit, contact, attempt to contact or meet with any Showing Customers for purposes of offering or accepting goods or services similar to or competitive with those offered by Hiring Agent.
2) Showing Assistants will be required to print and sign the required State Agency Disclosure Agreement and mark the section "Customer Only".
EULA - END USER LICENSE AGREEMENT
Terms & Conditions
SHOW for ME - END USER LICENSE AGREEMENT
SHOW for ME made available through the App Store are licensed, not sold, to you. Your license to the SHOW for ME App is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). Your license EULA is granted by Tesnar Real Estate LLC. The SHOW for ME App is subject to this EULA is referred to herein as the “Licensed Application.” Tesnar Real Estate, LLC (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. This Agreement governs your use of SHOW for ME Licensed Application, (including all related documentation and websites).
THIS APPLICATION IS FOR LICENSED REAL ESTATE AGENTS. All Users must be able to provide a valid Real Estate License number and have access to the Multiple Listing Service provided but the local and National Association of Realtors. If you are not properly licensed to conduct Real Estate in the area that you are intending to show homes or hire another agent to show homes you should delete any and all Licensed Applications provided buy Tesnar Real Estate LLC. PARTIES ENTERING THIS AGREEMENT WILL BE EITHER Hiring Agents (AGENTS WHO INITIATE A PROPERTY SHOWING AND PAY A FEE TO COMPANY PURSUANT TO SECTION l. HEREIN TO UTILIZE A SHOWING ASSISTANT ON BEHALF OF A BUYER), OR A SHOWING ASSISTANT (AN AGENT THAT WILL, UPON AGREEMENT, SHOW HOMES ON BEHALF OF THE Hiring AGENT FOR A FEE SET FORTH IN SECTION m).
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded or Android-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h.Geographic RestrictionsThe Content and Services are based in the State of Nebraska and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access there to may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
i. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Tesnar Real Estate LLC shall be governed by the laws of the State of Nebraska, excluding its conflicts of law provisions. You and Tesnar Real Estate LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county Douglas, Nebraska, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
j.Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
k. Showing Assistant Terms and Conditions- The Showing Assistant agrees and warrants that he/she’s only responsibility and requirement is to open the property to the buyer and remain on premises during the showing. Showing Assistant is prohibited from offering their opinion on price, Market conditions, Neighborhood and will uphold the Code of ethics provided by the National Association of Realtors. Showing Assistant agrees not to directly or indirectly solicit, contact (including but not limited to e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with any Showing Customers for purposes of offering or accepting goods or services similar to or competitive with those offered by Hiring Agent. The Showing Assistant will uphold all Local State License Laws. Showing Assistants will be required to print and sign the required State Agency Disclosure Agreement and mark the section "Customer Only". All Showing Assistants must work for the same Brokerage as the Hiring Agent.
Showing Assistant also explicitly waives any claims that they are under ANY CIRCUMSTANCE the procuring cause of the sale for any client exposed through their relationship as a Showing Assistant to the Hiring’s Agent for a period of three years.
l.Hiring Agent Fees- The Hiring Agent agrees to pay the fees associated with each showing. The Base Fee includes the first showing of any request will be charged at a rate of $30 and any subsequent showing in the same request will be $10 per showing Plus a processing fee. All fees are subject to change at anytime. Hiring agents by downloading this application agree to the Stripe Terms and Conditions.
m.Showing Assistant Payment- The Showing Agent will be paid via STRIPE Connect 85% of the total Base Fee collected from the Hiring agent. Any amounts due will be transferred automatically by STRIPE Connect After the Showing Assistant has completed the showing on the Licensed Application.
n.Indemnification. You agree to indemnify, defend and hold harmless Tesnar Real Estate LLC and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Tesnar Real Estate LLC assumes no responsibility for the content you submit or make available through this Licensed Application.
o.Payment Processing - Payment processing services for Hiring Agents and Showing Assistants on the Licensed Application are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Application end user agreement or continuing to operate as a Hiring Agent or Showing Assistant with the Licensed Application you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the use of the Licensed Application, enabling payment processing services through Stripe, you agree to provide Tesnar Real Estate LLC accurate and complete information about you and your business, and you authorize Tesnar Real Estate LLC to share it and transaction information related to your use of the payment processing services provided by Stripe.