Effective as of 10/1/2019;
Any participation in this service will constitute acceptance of this agreement.
User's Acknowledgment and Acceptance Terms and Conditions of Site Use effective as of 10/1/2019
ShowNxt, at www.shownxt.net site provides various related services. You are subject to compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between ShowNxt. In addition, when using services or materials on this site, users shall be subject to all posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
In addition to the terms and conditions contained in these Terms of Use, users also accept the account terms set forth in the https://www.squarespace.com/terms-of-service which may be amended from time to time, all of which shall be fully incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU ARE A LICENSED REAL ESTATE AGENT OR BROKER IN GOOD STANDING WITH AN ACTIVE REAL ESTATE LICENSE IN THE AREA WHERE THE PROPERTY IS LOCATED. YOU FURTHER AGREE THAT YOU WILL IN NO WAY ATTEMPT TO SOLICIT ANOTHER AGENT’S CLIENT(S) AND YOU WILL PROTECT AND PROMOTE OTHER AGENT’S AGENCY AGREEMENTS AND FIDUCIARY RESPONSIBILITIES TO THEIR CLIENTS. IN ORDER TO PROTECT YOUR AGENCY RELATIONSHIP WITH YOUR CLIENT, YOU (AGENTS OR BROKERS) MUST HAVE FULLY EXECUTED BUYER AND/OR REPRESENTATION AGREEMENTS IN PLACE PRIOR TO USING THE SITE. OUR COMPANY IS NOT LIABLE SHOULD ANY USER NOT HAVE THE NECESSARY FORMS SIGNED BY EACH RESPECTIVE PARTY. BY COMPLETING AND PAYING FOR A SERVICE(S) AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Fees for the various services are listed. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and/or mobile device; vehicle, food and your own Internet access.
We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, additional fee-based services, or changes to limitations on usage. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, nondelivery or failure to store any user communications or settings.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Account Payments and Fees
By using and/or conducting business with ShowNxt, you agree to our Site Terms and Conditions, Fee(s) and all terms as listed and those of any third-party service used by ShowNxt. For all charges for services on this site, we will charge your credit card the following;
The following fee schedule shall apply to transactions processed through ShwNxt, LLC. site or app:
Property Showing
1 hour $100
*Full refund for cancellation within 15 minutes from confirmed showing booking schedule with ShwNxt. No refunds, otherwise.
Open House
2 hours $150
*Full refund for cancellation within twenty-four (24) hours from confirmed booking through ShwNxt, when open house is booked at least three (3) days prior to Open House. Open House booked and confirmed less than three (3) days before Open House, full refund for cancellation within 15 minutes. No refunds, otherwise.
Property Showing Transport
1 hour $125
*Full refund for cancellation within 15 minutes from confirmed showing booking schedule with ShwNxt. No refunds, otherwise.
Open House with Light Refreshments
2 hours $175
*Full refund for cancellation within twenty-four (24) hours from confirmed booking through ShwNxt, when open house is booked at least three (3) days prior to Open House. Open House booked and confirmed less than three (3) days before Open House, full refund for cancellation within 15 minutes. No refunds, otherwise.
Refunds will be issued up to five (5) business days. Credits to your account is subject to your banking institution policy.
If, for any reason, your credit card company refuses to pay the amount charged for the service, you agree that we may, at our option, require you to pay the overdue amount by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Agents contracting with ShowNxt, you will earn half of the fee for each service as listed for completed paid services, less third-party applicable merchant and processing fees from merchants utilized to process the transaction not to exceed $5.00 dollars per transaction. These fees may change by the third party. If so, ShowNxt will charge you the same, without notice to you for increase not greater than $9.99. Payment to you (Agent) will be deposited in your designated account within 3 business days of the completed paid service. As a contractor for ShowNxt, you will be issued a 1099 for services performed by you.
All payments for ShowNxt services shall be handled through https://stripe.com/privacy. Please verify terms and conditions for https://stripe.com/privacy for all applicable merchant and processing fees. For questions regarding payment support, please email homespreview2019@gmail.com.
Your use of the site is subject to all applicable laws and regulations, you agree that you will not distribution of any content -- including text, communications, images, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics and other material and services that can be viewed by users on our site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by rights and laws, and is the sole property of ShowNxt. You are only permitted to use the content as expressly authorized by us. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site
IN NO EVENT SHALL WE, CONTRACTORS OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection, as well as your liability for any unpaid fees, shall survive any termination.
You agree that any disputes pertaining to ShowNxt, or affiliated companies, MUST be resolved through binding arbitration. The arbitration company shall be selected by ShowNxt. The initiating party is responsible for all cost charged by the assigned arbitration company for such request. In the event you fail to prove any claims against ShowNxt, you agree to pay all legal costs, expenses and all fees ShowNxt incurred defending said claims. Any action or proceeding by you relating to any claims must be commence within one year after the alleged claim(s).