Anyone Home, Inc. (hereafter referred to as “AH”, “Anyone Home CRM”, “MyShowing”, “we”, “us”, or “our”) provides various leasing solutions, as well as an online platform at www.myshowing.com that connects vacant Properties with Prospects seeking to rent such Properties (collectively, the “Services”), which Services are accessible at www.myshowing.com and any other websites through which Anyone Home and MyShowing makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Content, and constitute a binding legal agreement between you and MyShowing.
Note that these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
You acknowledge and agree that, by accessing or using the Site or Services or by downloading any Content from the Site or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site. If you do not agree to these terms, then you have no right to access or use the Site, Services, or content. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to such company or other legal entity.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROPERTIES MAY CREATE LISTINGS FOR USERS TO LEARN ABOUT AND VISIT LISTINGS BY GAINING ACCESS TO SUCH LISTINGS THROUGH A CODE RECEIVED FROM MYSHOWING TO A LOCKBOX OR SMART LOCK. YOU UNDERSTAND AND AGREE THAT MYSHOWING IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROPERTIES AND PROSPECTS, NOR IS MYSHOWING A REAL ESTATE BROKER, AGENT OR INSURER. MYSHOWING HAS NO CONTROL OVER THE CONDUCT OF PROPERTIES, PROSPECTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY LISTINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“MyShowing Content” means all Content that MyShowing makes available through the Site or Services, including any Content licensed from a third party, but excluding user Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Prospect” means a user who visits a Listing via the Site or Services.
“Property” means a user who makes available a Listing via the Site and Services.
“Listing” means a vacancy that is listed by a Property as available for rent via the Site and Services.
“Visit” means a Prospect visiting a Listing. “user” means a person who completes MyShowing’s account registration process, including, but not limited to Properties and Prospects, as described under “Account Registration” below.
“Lockbox” – a box attached to a Property that can be used to access such Property.
“Smart lock” – a lock attached to a Property that can be used to access such Property.
MyShowing reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the bottom of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
As stated above, MyShowing makes available a platform with related technology for Prospects and Partners to meet online and arrange for a Visit of one or more Listings by being given a code to access a Lockbox. MyShowing is not an owner or operator of properties, nor is it a provider of properties, and MyShowing does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, and MyShowing’s role is solely to facilitate the availability of the Site and Services. Similarly, MyShowing is not a contracting agent or representative of any Property. Instead, MyShowing’s role is solely to facilitate the availability of the Site and Services for users and to provide Services related thereto.
For help with our platform you can reach us at email@example.com or call us at (888) 913-3913 Monday-Friday during regular business hours.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Site Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
- When Visiting any Listing, you agree to only enter for the purpose of evaluating a home for your own personal rental or your client’s if you are a licensed agent and not to damage or violate in any way any property.
- Prospects will be responsible for any damage caused as a result of Visiting any Listing and their credit card on file will be charged any and all costs to repair and clean such damage
- When accessing the property via the Lockbox, Prospects agree to replace the key upon leaving the Property or pay a fee that will be charged to their credit card on file for the key to be replaced.
- When leaving the property, you agree to turn off any lights you turned on, not alter HVAC settings, lock all doors and windows and to not leave any water running. You also agree to not leave on or leave open any appliances.
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Services contained in the Site, Services or Content
- Use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms
- Copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
- Interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
- Use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers
- Use our Site, or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to renting a Listing
- “Stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an MyShowing Visitor or Partner
- Contact a Property for any purpose other than asking a question related to a Visiting or Listings
- When acting as a Prospect or otherwise, recruit or otherwise solicit any Property or other user to join third party services or websites that are competitive to MyShowing, without MyShowing’s prior written approval
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
- Use automated scripts to collect information or otherwise interact with the Site or Services
- Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise
- Use, display, mirror or frame the Site or any individual element within the Site or Services, or MyShowing’s name, any MyShowing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MyShowing’s express written consent
- Access, tamper with, or use non-public areas of the Site, MyShowing’s computer systems, or the technical delivery systems of MyShowing’s providers
- Attempt to probe, scan, or test the vulnerability of any MyShowing system or network or breach any security or authentication measures
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MyShowing or any of MyShowing’s providers or any other third party (including another user) to protect the Site, Services, or Content
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Content to send altered, deceptive or false source-identifying information
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing
MyShowing will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MyShowing may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that MyShowing has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any user Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MyShowing reserves the right, at any time and without prior notice, to remove or disable access to any Content that MyShowing, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services
In order to access certain features of the Site and to Visit a Listing, you must register to create an account (“MyShowing Account”) and become a user. You may register to join the Services directly via the Site or as described in this section.
We will create your MyShowing Account and your MyShowing Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SMS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MyShowing reserves the right to suspend or terminate your MyShowing Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MyShowing Account, whether or not you have authorized such activities or actions. You will immediately notify MyShowing of any unauthorized use of your MyShowing Account.
By using our Site you are giving us permission to pass your name, phone number, email address, and or physical address to a third party (such as TransUnion) for personal identification verification or to check your IP address for fraudulent behavior during the registration process.
MyShowing does not endorse any users or any Listing. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from MyShowing with respect to such actions or omissions.
We collect the following types of personal information in order to provide you with the use of and access to our Site and Services:
Information you provide to us: We may collect and store any information you enter on the Site. When you visit the Site, we also collect information about your transactions and your activities. In addition, if you register for our Site, we may collect your contact information, such as your name, address, phone, email and other similar information. This information may be shared with Properties you interact with using our Site or Services. In addition, we may ask for your credit card information but MyShowing does not store this information. We may also share your information with a third party for identity verification or fraud. When you visit the Site, we also collect information about your transactions and your activities. In addition, if you register for our Site, we may collect your contact information, such as your name, address, phone, email and other similar information. This information may be shared with Properties you interact with using our Site or Services. In addition, we may ask for your credit card information but MyShowing does not store this information.
We may offer you the ability to connect with our Site or Services using a mobile optimized website. The provisions of the Terms apply to all such mobile access and use of mobile devices.
When you use our mobile optimized Site, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based Services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location Services in the device’s setting’s menu. If you have questions about how to disable your device’s location Services, we recommend you contact your mobile service carrier or the manufacture of your particular device.
When we act on your instructions in connection with our handling of personal information in order to provide the Services to you (i.e., where you are the “business” or “data controller” for the personal information we process (as such terms are defined in applicable laws)), we will comply with the following legal requirements when applicable:
a. We will use personal information solely for: (i) valid business purposes as described in these Terms; and (ii) as permitted by applicable laws.
b. We will not: (i) sell or share personal information, as described in various U.S. State privacy laws ; (ii) retain, use, or disclose personal information for a purpose other than providing the Services or as otherwise permitted by applicable privacy laws; (iii) retain, use, or disclose personal information except where permitted under these Terms; or (iv) combine the personal information we receive from you or your data subjects with personal information that we receive from another person, except in order to perform any business purpose permitted by applicable laws.
d. Our instructions for processing personal information and the purpose of the processing are to perform whatever processing operations are reasonably necessary to provide the Services to you.
f. The duration of processing is determined by the period of time we provide the Service to you, as well as mandatory retention periods set out in applicable laws.
g. The rights and obligations of both parties in relation to the processing of personal information are set out throughout these Terms.
h. We will ensure that each person processing personal information is subject to a duty of confidentiality with respect to the data.
i. Upon your request and at your direction, we will delete or return all personal information to you at the end of the provision of the Services, unless retention of the information is required by law.
j. Upon your reasonable request, we will make available to you all information in our possession which is necessary to demonstrate our compliance with the obligations in this section.
k. We will allow, and cooperate with, reasonable assessments, audits and inspections by you or your designated assessor, or we may choose to arrange for a qualified and independent assessor to conduct an assessment of our policies and technical and organizational measures using an appropriate and accepted control standard or framework and assessment procedure for such assessments. We will provide a report of such assessment to you upon request
l. Taking into account the context of processing, we will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk to the personal information we process on your instructions.
The Site, Services, and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Content, including all associated intellectual property rights is the exclusive property of MyShowing and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
MyShowing Content and user Content License
Subject to your compliance with the terms and conditions of these Terms, MyShowing grants you a limited, non-exclusive, non-transferable license, to (i) access and view any MyShowing Content solely for your personal and non-commercial purposes and (ii) access and view any user Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyShowing or its licensors, except for the licenses and rights expressly granted in these Terms.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of MyShowing used herein are trademarks or registered trademarks of MyShowing. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org You acknowledge and agree that all Feedback will be the sole and exclusive property of MyShowing and you hereby irrevocably assign to MyShowing and agree to irrevocably assign to MyShowing all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
MyShowing respects copyright law and expects its users to do the same. It is MyShowing’s policy to terminate in appropriate circumstances the MyShowing Accounts of users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you believe in good faith that any of the content on the Site or Services infringes your copyright, please provide our copyright agent the written information specified below.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
MyShowing’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Registration Number: DMCA-1030680
Termination and MyShowing Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your MyShowing Account. You may cancel your MyShowing Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYSHOWING DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, PROSPECTS AND PROPERTIES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.THE SITE, SERVICES, ANDCOLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYSHOWING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYSHOWING MAKES NO WARRANTY THAT THE SITE, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY LISTINGS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYSHOWING MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OR LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYSHOWING OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROPERTIES OR PROSPECTS. YOU UNDERSTAND THAT MYSHOWING DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY LISTINGS. MYSHOWING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PROSPECTS AND PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MYSHOWING.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, VISITING OF ANY LISTINGS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MYSHOWING WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MYSHOWING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR VISITING OF ANY LISTING VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSHOWING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to release, defend, indemnify, and hold MyShowing and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your user Content; (c) your (i) interaction with any user, (ii) any acts or omissions in connection with any Prospect visiting of any Listing, including, but not limited to, any personal injury, death, or property damage to the extent arising out of a Prospect’s Visit, use and/or occupancy of a Listing, (iii) the use, condition or rental of an Listing by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Visiting or use of a Listing.
Arbitration and Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MYSHOWING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND MYSHOWING AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and MyShowing agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. MyShowing further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MyShowing are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services.
REGARDLESS OF THE FORUM, YOU AND MYSHOWING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MyShowing agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Export Control and Restricted Countries
By using the Site and Services, you represent and warrant that (i) neither you nor your Listing is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site OR Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. MyShowing does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Governing Law and Jurisdiction
MyShowing operates the Site and Services from California, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of California, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina shall not apply. Except as otherwise provided in the arbitration clause of these Terms, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the United States District Court for the Central District of California, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site or Services, if any, and by any other means permitted by law.
These Terms constitute the entire and exclusive understanding and agreement between MyShowing and you regarding the Site, Services, Content, and any Visiting of Listings made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MyShowing and you regarding Visiting of Listings, the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without MyShowing’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MyShowing may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MyShowing (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of MyShowing to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyShowing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact MyShowing at firstname.lastname@example.org
Last Updated: August 29, 2022
The Corporation (collectively, “The Corporation”, “we”, “us”, or “our” as applicable) owns and operates the https://www.myshowing.com, https://www.anyonehome.com, and https://www.anyonehome.com websites (including any subdomains and mobile versions of each, a “Site,” and collectively, the “Sites”), as well as CRM, Access Solutions, and Contact Center products and services (the “Application”). The Application and Sites are collectively referred to as the “Services.” We recognize that visitors to our Sites and Application may be concerned about the information they provide to us, and how we treat that information. This page informs you of our policies regarding the collection, use, and disclosure of personal information when you use our Services and the choices you have associated with that information. By using the Services, you agree to the collection and use of information in accordance with this policy.
Personal Information We Collect
We collect several different types of personal information for various purposes to provide and improve our Services to you, which are described below.
Information you Give Us
While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to First Name, Last Name, Email, Phone, Address, State, Zip, City, Credit Card information, government-issued documents (including national IDs, driver’s licenses and passports); product / service required information; and location.
Information from Other Sources
We may also collect this information from a wide range of other sources in order to provide you the Services.
- The App will only use access to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
- The App will not use this Gmail data for serving advertisements.
- The App will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App’s internal operations and even then only when the data have been aggregated and anonymized.
We may also collect information that your browser automatically sends whenever you visit our Services or when you access the Services by or through a mobile device. This may include information such as:
- The name of the domain and host from which you access the Internet, including the Internet Protocol (IP) address of the device you are using and/or the IP address of your Internet Service Provider (ISP);
- The type and version of Internet browser software you use and your operating system;
- The website that referred you to our Sites;
- The date and time you access the Sites, the length of your stay, and the specific pages that you access while visiting the Sites; and/or
- The type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We use this information to monitor the usage of our Services, assess performance, ensure technological compatibility with your device, and understand the relative importance of the information provided on the Services. We may also use this data to conduct statistical analyses on visitors’ usage patterns and other aggregated data. We may also use this data to verify identity, prohibit fraud, and block users who are identified as malicious.
We may use and store information about your location if you give us permission to do so. We use this data to provide features of our Services, to improve and customize our Services. You can enable or disable location services when you use our Services at any time by way of your device settings.
How We Use Personal Information
As non-limiting examples, we use the information we collect from and about you in the following ways:
- To provide and maintain our Service;
- To notify you about changes to our Service;
- To contact you if there is a problem completing a transaction you requested or to discuss your account;
- To allow you to participate in interactive features of our Service when you choose to do so;
- To provide customer support;
- To enable our financial services partners to implement automatic payments and funds transfer;
- To gather analysis or valuable information so that we can improve our Service;
- To monitor the usage of our Service;
- To detect, assess, prevent and address technical and performance issues;
- To understand the relative importance of the information provided on the Service;
- To conduct statistical analyses on visitors’ usage patterns and other aggregated data;
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information by following the unsubscribe link or the instructions provided in any email we send.
We will store your information only for as long as we need to use your information for the above purposes.
Credit Card Information Security
We do not store any credit card information on its servers or data warehouses, all credit card information is stored with its payment gateway and it is tokenized. Tokenization, when applied to data security, is the process of substituting a sensitive data element with a non-sensitive equivalent, referred to as a token, that has no extrinsic or exploitable meaning or value. All payment services use Hypertext Transfer Protocol Secure (HTTPS), and is encrypted using Transport Layer Security (TLS), or formerly its predecessor, Secure Sockets Layer (SSL).
When you interact with the Service, we automatically receive and record information on our server logs from your browser, including your IP address, “cookie” information, and the page you requested.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking any or all cookies, you may not have access to certain features, content, or personalization available through the Service.
We utilize email tracking systems that provide us with data such as who opened or forwarded an email, the time it was opened, and whether the reader clicked certain links within the email.
We, as well as third-party vendors acting on our behalf (such as Google), may use first-party cookies (such as the Google Analytics cookies) and third-party cookies or identifiers to gather anonymous analytics and statistics about our Website and applications and how they are being used by our visitors so we can improve our platform. Our web server storage logs may collect the domain names, internet protocol addresses, the types of web browsers, and certain data of visitors to the website.
You can opt out of certain advertising by visiting the Network Advertising Initiative consumer opt out page at http://optout.networkadvertising.org/ , by using the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout, or by visiting the Digital Advertising Alliance’s opt-out page at . https://www.aboutads.info/choices For more information on the privacy practices of Google, please visit Google’s Privacy & Terms web page: https://policies.google.com/privacy?hl=en . Please note, at this time we do not respond to browser-based “do not track” signals.
How We Store Your Information
Personal information received by Anyone Home from you or third parties may be stored and processed in the United States or any other country where we or our service providers maintain facilities.
How We Share Your Information
Information about our customers is an important part of our business. We share personal information only as described below.
Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
We may disclose your personal information in the good faith belief that such action is necessary to:
- To comply with a legal obligation;
- To protect and defend the rights or property of The;
- To prevent or investigate possible wrongdoing in connection with the Services; and
- To protect the personal safety of users of the Services or the public.
We may employ third-party companies and individuals, such as contractors, vendors, or distributors, to facilitate our Services, provide the Services on our behalf, perform Services-related services, conduct identity verification and/or fraud prevention, assist us in analyzing how our Services are used, or perform any other lawful undertaking on our behalf (“Service Providers”). These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose to third parties without our authorization or use it for any other purpose and are additionally required to keep it confidential.
As explained above, Anyone Home does not sell, rent, loan or transfer any personal information regarding our customers or vendors to any unrelated third parties.
Merger, Sale, Or Bankruptcy
If we sell all or part of our business, or make a sale or transfer of our assets, or are otherwise involved in a merger or transfer of all or a material part of our business, or are involved in a bankruptcy, The Corporation may transfer your information to the party or parties involved as part of that transaction.
How We Secure Your Information
We are committed to ensuring that your information is secure. We use commercially reasonable efforts to protect your personal information collected, used, stored, shared, or transferred as part of our Services from access, loss, misuse, alteration, or destruction by any unauthorized party. Please understand, however, that no transmission of data over the internet or any other public network can be guaranteed to be 100% secure. We do not promise, and you should not expect, that your personal information or private communications will always remain private. You are also responsible for taking reasonable steps to protect your information against unauthorized disclosure or misuse such as by maintaining the confidentiality of your personal information.
Retention of Personal Information
Internet Advertising and Third Parties
The offerings may include third-party advertising and links to other websites and applications. Third-party advertising partners may collect information about you when you interact with their content, advertising, or services.
Links to Other Websites
Our Services do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with personally identifiable information, please contact us. If we become aware that we have collected personally identifiable information from children without verification of parental consent, we take steps to remove that information from our servers.
Access to or Deletion of Your Personal Information
You can request access to, or deletion of, your personal information that we collect and maintain through our Services by emailing email@example.com
If you are a U.S. resident, please continue reading below for additional information about your rights and choices with respect to your personal information under U.S. State laws.
Notice to Non-U.S. Users
As the Internet is a global environment, collecting and processing Personal Information may involve the transmission of this data internationally, including into and/or outside of the United States. Therefore, by communicating electronically with us, you acknowledge and agree to your personal information being processed in this way.
If you reside in the European Union, you have certain rights under the European Data Protection Regulation (“GDPR”), including:
- The right to be informed of the Personal Information we collect and how we process and use that data;
- The right to request access to your Personal Information;
- The right to request that inaccurate Personal Information be rectified, or completed if incomplete;
- The right to request erasure of your Personal Information;
- The right to restrict our processing or use of your Personal Information;
- The right to obtain and reuse your Personal Information for your own purposes;
- The right to object to our processing or transferring your Personal Information;
- The right to withdraw your consent for us to use your Personal Information; and The right to lodge a complaint with a supervisory authority under the GDPR.
In response to receiving a request for one of the rights set forth above, The will timely comply with the request within the time periods set forth in the GDPR for each right. Several of the above rights are not absolute and apply only in certain circumstances. The will comply with requests for those rights as set forth in the GDPR. We are intent on resolving any issues relating to our handling of your Personal Information, and you may contact us at any time regarding any questions or concerns.
We do not make any decisions about you based on automated processing of your Personal Information.
Anyone Home Inc. 2035 Lakeside Centre Way, Suite 250, Knoxville, TN, 37922 United States
THE CORPORATION PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“CCPA”)
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, AH has collected the following categories of personal information from its consumers within the last twelve (12) months:
Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.
Personal information categories listed in the California Customer Records statue (Cal.Civ. Code § 1798.80(e)). Examples: A name, signature, physical characteristics or description, address, telephone number. Some personal information included in this category may overlap with other categories.
Commercial Information. Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar network activity. Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the scope of various U.S. State Laws, like:
health or medical information covered by other laws such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), and the Driver’s Privacy Protection Act of 1994.
The obtains the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Website.
Use of Personal Information
Once aggregated we may use or disclose the personal information we collect for one or more of the following purposes: Advertisement, Data Analysis, Value Proposition, Sales Materials, Partnerships. However Anyone Home’s use of information received, and Anyone Home’s transfer of information to any other app, from Google APIs will adhere to Google’s Limited Use Requirements.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Disclosure of Personal Information
In the preceding 12 months, Anyone Home has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records Statute personal information categories.
Category C: Commercial information.
Category D: Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties: Anyone Home affiliates and subsidiaries, TransUnion, Stripe and Opencnam.
Sales of Personal Information
In the preceding twelve (12) months, Anyone Home has NOT SOLD PERSONAL INFORMATION.
Your Rights and Choices
The U.S. State Laws provide consumers (residents of those States) with specific rights regarding their personal information. This section describes your privacy rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You can also request a notice disclosing the categories of personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to the contact information provided below. You may also choose to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by submitting a request in writing to the contact information provided below. Please note that this opt-out does not prohibit disclosure made for non-marketing purposes.
Do Not Sell My Information
You have the right to opt of sale of your personal information to a third party. Please note that this does not stop Anyone Home from distributing this information within our organization across business units. Additionally, your right to opt out does not stop all transfers to third parties as we can continue to provide your personal information to our service providers pursuant to a written contract that meets requirements within the U.S. State Laws. Furthermore, we can continue to provide data that does not meet the definition of personal information.
This right to opt out applies to all consumers ages 16 or older and may be exercised at any time. We will honor all such requests unless you subsequently decide to opt in to the sale of your personal information.
The sale of personal information does not include if you direct Anyone Home to interact with a third party, Anyone Home alerts third parties that you have opted out, the sharing of information is necessary to perform a business purpose and meets the other conditions specified, or the information is transferred as part of an asset in a merger, acquisition, bankruptcy or other change of control of Anyone Home.
If you wish to exercise your right to opt out, please submit a request via email to firstname.lastname@example.org. We will honor your request for twelve (12) months before we ask you to opt in to the sale of your personal information.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with applicable laws;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; and
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, opt out, and deletion rights described above, please submit a verifiable consumer request to us in one of the following ways:
Anyone Home Inc. 2035 Lakeside Centre Way, Suite 250, Knoxville, TN, 37922 United States
Only you or a person registered with relevant authorities that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your privacy rights. Unless permitted by the U.S. State Laws, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
The reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which The collects and uses your information described in this policy your choices and rights regarding such use, or wish to exercise your rights under a U.S. State Law, please do not hesitate to contact us at:
Phone: (888) 913-3913
Address: Anyone Home Inc.
2035 Lakeside Centre Way
Knoxville, TN, 37922
Last Updated: April 10, 2023