Use of the Showing Bee Software and Services
To access non-public portions of the Software and Services requires a user name and password. You agree that you will be responsible for maintaining your user name and password as private, confidential and personal and shall safeguard and maintain their confidentiality. You will be liable for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that (1.) your password is lost or stolen, or (2.) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Software and Services. Showing Bee, LLC is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. The Showing Bee Software and Services are for personal use, as a home buyer, and professional use, as a licensed real estate agent, for the scheduling and tracking of home showings and other real estate related offerings as provided by our Software and Services. You agree that you will not, except for person and real estate professional use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Showing Bee Software and Services. You agree, among other activities, to engage in the practice of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users, or other information. You agree that you will not use the Software and Services in any manner which could damage, disable, overburden, or impair, or impugn the Showing Bee network, or servers. You may use the Software and Services for lawful purposes only. You may not post on or transmit through the Software and Services or other means any material that (1.) violates or infringes in any way upon the rights of others, (2.) violates Fair Housing Rules, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3.) encourages conduct that would constitute a criminal offense, (4.) gives rise to civil liability, or (5.) violates any law. You acknowledge and agree that Showing Bee may terminate your login user name and password and/or access privileges and remove and discard any information you have posted, including but not limited to times and dates of appointments, agents or brokers names and content information, property information including but not limited to sellers information, listing documents, showing information, blackout calendar, open house calendar without notice to you for any reason, including without limitation, if (1.) you do not use the Software and Services for what, Showing Bee, in its sole discretion, deems to be an extended period of time, (2.) If you have violated any provision of this agreement in the sole discretion of Showing Bee, and (3.) if you have acted or failed to act in a way that Showing Bee, in its sole discretion, deems objectionable. You agree that Showing Bee, or any third party, shall be held harmless, without liability or other objection should your access to the Showing Bee Software and Services be terminated.
Software Functionality and the Use Therein
Using the Showing Bee system in the process of scheduling a home or any other function of the Software and Service involves communications from Showing Bee to you that is secure and confidential information. These communications include, but are not limited to, text messages, email messages, phone calls, or screen displays. The content of these communications may include showing information, including your name, contact information, property information, access information, scheduling information, and documents. You agree to protect all such secure and confidential information and to not divulge such information to any inappropriate party. The vetting of individuals requesting showing information is the sole responsibility of you, the Listing agent, and by the approval of a showing request, you take complete and total responsibility for the validity of the person requesting the information and agree to hold Showing Bee, LLC harmless and without fault in any way should the information be transmitted to anyone whom you have approved the information to be transmitted to. In addition, the Software and Services allows for the automatic approval of a showing. Should you choose this option, which is off by default, the ability to pre-screen and validate the requesting party is automatically waived. You as the listing agent take full responsibility for the repercussions of any auto approved showings and agree to hold harmless Showing Bee, LLC or any associated third party.
The validity of the content uploaded by you to Showing Bee is your responsibility. You maintain all creative property rights, if any, to that content. By posting or submitting content through the Software and Services, (1.) you represent and warrant that you have created or have sufficient permission to use said content, (2.) the content does not and will not infringe on any copyright or any other third-party rights nor violate any applicable law or regulation, (3) you agree and acknowledge that you are solely responsible for any liabilities, fines penalties, or forfeitures occasioned by any such violations or lack of rights. Showing Bee has made no investigation as to the validity of content uploaded to the Software and Services and cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any content. You are responsible for confirming the sufficiency and reliability of any content Although you retain ownership of all rights, title and interest in the content, if any, that you post through the Software and Services, Showing Bee owns all right, title and interest in any compilation, collective work or other derivative work created by Showing Bee using or incorporating the content. Showing Bee will not reveal contact information, addresses or other personal information of any individual in the use of the content. You grant Showing Bee, its affiliates, subsidiaries, assigned entities or agents the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this content in any medium or form and to be able to incorporate in other works in any form, media or technology now known or later developed. You waive any right to inspect or approve the uses of the content, to be compensated for use of the content, or the right to privacy in any content.
No Duty to Monitor or Support Software and Services
Your use of and reliance upon any and all Software and Services provided by Showing Bee, LLC is at your own risk. The Software and Services is provided on an “As Is” and “As Available” basis. There is no expressed or implied representations, guarantees or warranties as to the functionality, availability, or workability of the Software and Services. Showing Bee has the right at any time to change, modify, add, discontinue or retire any aspect or feature of the Software and Services. Showing Bee has no obligation to provide you with notice of any feature changes, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software and Services.
You agree to defend, indemnify and hold harmless Showing Bee, its vendors, and their respective directors, officers, shareholders, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of or inability to use the Software and Services.