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 and operated by ShowingTime Plus, LLC (“ShowingTime+”, “us”, “our”, or “we”) , including dotloop, ShowingTime, and Zillow Workspace (collectively, the “Services”). 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.
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. 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.
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.
Prohibited Use.
BY USING THE SERVICES, YOU AGREE NOT TO:
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.
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 the applicable Product Terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at support@showingtimeplus.com, or, if applicable, by contacting your business consultant.
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.
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 any applicable Product Terms, 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.
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, as set forth in the Stripe Connected Account Agreement.
i. A physical or electronic signature of the person authorized to act for the owner of the allegedly infringed right (an electronic signature, including “/s/ Full Name,” is sufficient).
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
iii. 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 (e.g., full URL(s))
iv. Your contact information reasonably sufficient for us to reach you, such as a name, address, telephone number, and/or email address.
v. A statement that the information in the notice 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, 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:
DMCA_notice_email@zillow.com
Zillow, Inc.
1301 Second Avenue, Floor 36
Seattle, WA 98101
Attention: Legal Department - Copyright Agent
We may begin investigating based on email submissions. We will act on notices that satisfy § 512(c)(3).
Counter-Notification. If your content was removed or disabled as a result of a notice and you believe the content is not infringing or that you have authorization, you may send a counter-notification pursuant to 17 U.S.C. § 512(g)(3) to the Designated Agent above. Your counter-notification must include:
i. Your physical or electronic signature;
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
iii. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or King County, Washington, if your address is outside the United States) and that you will accept service of process from the person who provided the original notice or that person’s agent.
Upon receipt of a valid counter-notification, we may forward it to the original complainant and restore the material within 10–14 business days unless the complainant notifies us that they have filed an action seeking a court order against you.
Repeat Infringer Policy; Standard Technical Measures. In appropriate circumstances, we terminate accounts of repeat infringers. We also accommodate and do not interfere with standard technical measures that copyright owners use to identify or protect copyrighted works under § 512(i).
Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly misrepresents that material or activity is infringing (or was removed by mistake or misidentification) may be liable for damages.
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.
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. If you are a non-affiliated Third-Party Provider who has created an industry professional account with Zillow Group, you are subject to the Zillow-NMLS Data Terms. All such terms are incorporated into, and made a part of, these Terms of Use.
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+.
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.
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 Affiliate products and services that may be of interest to you.
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+: (a) if your password is lost or stolen, or (b) if you believe your account or Credentials have been compromised. 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.
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.
ShowingTime Services Features. You provide ShowingTime+ with 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.
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.
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”).
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.
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.
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.
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.
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.
No Refunds/No Guarantees. ShowingTime+ does not provide any refunds and does not guarantee any result by your use of the ShowingTime Services.
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.
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.
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+.
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 - 25 of these Dotloop Terms survive the termination or expiration of the Agreement.
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 Affiliate products and services that may be of interest to you.
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+ (a) if your password is lost or stolen, or (b) if you believe your account or Credentials have been compromised. 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.
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.
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.
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”).
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.
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.
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.
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.
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.
Prohibited Data. The Dotloop Services are provided solely for use in connection with real estate transactions. The Dotloop Services are not designed to comply with specialized regulatory frameworks such as the Health Insurance Portability and Accountability Act (“HIPAA”), Gramm–Leach–Bliley Act (“GLBA”), or Payment Card Industry Data Security Standard (“PCI-DSS”), and ShowingTime+ disclaims all liability arising from the entry of prohibited data. You shall not upload, transmit, or otherwise process through the Dotloop Services any data regulated by specialized data protection or financial services regulations or otherwise inappropriate information, including without limitation medical or health information, financial account or payment card data, government identification numbers (except as directly required for a real estate transaction), information relating to minors, or other personal or sensitive information not reasonably necessary for a real estate transaction. ShowingTime+ reserves the right, in its sole discretion, to remove any such data without notice to you and to suspend or terminate access to the Dotloop Services for noncompliance. If you upload, transmit, or otherwise process data in violation of this section, you do so at your own risk, and Dotloop disclaims all liability for such use. Dotloop does not act as a “covered entity” or “business associate” under HIPAA or a “financial institution” under GLBA.
No Refunds/No Guarantees. ShowingTime+ does not provide any refunds and does not guarantee any result by your use of the Dotloop Services.
Dotloop Dashboard Services. The Dotloop Dashboard 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”). 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.
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.
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.
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”.
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 the 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).
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.
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.
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.
Marketing and Promotion. During the Term, dotloop shall make the Product (as defined in Section 3 of the Order) 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.
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.
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.
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.
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.
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.
Along with the Terms of Use and Privacy Notice, these Zillow Workspace Product Terms (“Workspace Terms”) (collectively the “Agreement”) govern your use of the Zillow Workspace integration (“Workspace”) and are provided to you by ShowingTime+.
By using Workspace, 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 Workspace login process or when you first use Workspace, whichever is earlier, and will remain in effect until you stop using Workspace. For clarity, Sections 2, 3, 5, 6, and 9 -13 of these Workspace Terms survive the termination or expiration of the Agreement.
Workspace. Workspace allows you to have optional integration of metrics and other activity and information related to ShowingTime+ and/or products and services you may be subscribed to with ShowingTime+ Affiliates such as Zillow, Inc.
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 and other Affiliate products and services that may be of interest to you.
Login Credentials. To access Workspace, 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 Workspace under your Credentials; (iii) you are required to immediately notify ShowingTime+: (i) if your password is lost or stolen, or (ii) if you believe your account or Credentials have been compromised. If ShowingTime+ reasonably believes a problem with the ShowingTime Services may be attributable to your use of Workspace 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.
Security Measures. ShowingTime+ is responsible for taking and maintaining steps to protect the confidentiality, integrity, and security of Workspace. 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 Workspace 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 Workspace 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 Workspace.
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”).
Ownership of Workspace. As between you and us, we retain all right, title, and interest in and to Workspace, 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 Workspace are limited to those expressly granted in the Agreement. No other rights are implied with respect to Workspace 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.
Modifications; End of Availability. ShowingTime+ may from time to time make modifications to Workspace and/or any part of Workspace. 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 Workspace, in which case, if required by 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 Workspace.
Third Party Partners. If you elect to leverage certain integrations or other functionality within Workspace provided by one of our third-party partners, the applicable third-party partner terms and conditions apply.
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 your use of the Workspace, including but not limited to the UGC you include in Workspace. 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.
Prohibited Uses. For clarity, in addition to the prohibited uses in the Terms of Use, Workspace may not be used to post, display, communicate, or otherwise make accessible to any third party on or through Workspace 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.
Your Compliance with Applicable Law, Regulation, and MLS Rules. You acknowledge and agree you shall comply with all applicable laws, rules, and regulations related to your use of Workspace, including but not limited to any applicable MLS Rules.
No Refunds/No Guarantees. ShowingTime+ does not provide any refunds and does not guarantee any result by your use of Workspace.
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.
Term. Your access and use of Workspace commences on the date specified in an order, if applicable, or on the date of your registration and will continue for (1) the duration of the term set forth in that order or (2) the duration of your use of Workspace.
To read more about your rights and obligations related to using the ShowingTime Services generally, please read our Terms of Use and Privacy Notice.