TERMS and CONDITIONS

Terms and conditions

Welcome to Primeshowing, operated by Primeshowing, LLC. By using Primeshowing’s websites (defined to include all properties (mobile, Web or otherwise) owned and operated by Primeshowing LLC), related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

    1. Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by Primeshowing, LLC through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.
    2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
      1. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Primeshowing, LLC, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.
      2. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Primeshowing, LLC. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
      3. 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.
      4. Calls. If you, as a consumer, choose to contact a real estate agent or a Lender (as defined below) through the Services by filling out a contact or other request form on the Services, you authorize Primeshowing, LLC (specifically Primeshowing, LLC in connection with information provided to a Lender) to provide your name and contact information and other identifying information you provide to the applicable real estate agent or Lender. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a real estate agent, you authorize Primeshowing, LLC to provide your name and contact information and other identifying information you provide to the participating Lender. You acknowledge that, by submitting your contact request or other request form on the Services or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.
      5. The Services may provide phone numbers that can connect you with Primeshowing, LLC, its service providers, or other third parties, such as real estate agents and Lenders. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Primeshowing, LLC or through a Calling Service, you consent to such recording and monitoring. Primeshowing, LLC will treat recorded calls in accordance with its Privacy Policy.
    3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to Primeshowing, LLC in connection with the Services (your “Submission”), you grant Primeshowing, LLC an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Primeshowing, LLC will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Primeshowing, LLC may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Primeshowing, LLC the rights in this paragraph, that Primeshowing, LLC’s use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
    4. You may not share your user account(s) with others. You are responsible for all actions taken via your account. Primeshowing, LLC will treat your use of the Services in accordance with its Privacy Policy. Certain Primeshowing, LLC functionalities may involve the distribution of your Submission to third party websites over which Primeshowing, LLC has no control. Primeshowing, LLC is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
    5. Advertising. Primeshowing, LLC’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Primeshowing, LLC may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
    6. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Primeshowing, LLC grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 11, and 12).
    7. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Primeshowing, LLC does not endorse, and takes no responsibility for such products, services, websites, and materials. You understand that Primeshowing, LLC has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Primeshowing, LLC takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
    8. Claims of Copyright Infringement. Primeshowing, LLC respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Primeshowing, LLC’s copyright agent in accordance with the applicable law, by providing the following information:
      1. Identification of the copyrighted work that you claim has been infringed;
      2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
      3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
      4. A signed statement that the above information 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, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
    9. If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
    10. If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
    11. Intellectual Property. The Services are the property of Primeshowing, LLC, and subject to the intellectual property rights of Primeshowing, LLC and its licensors. You may not use any of Primeshowing, LLC’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
    12. Primeshowing, LLC does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
    13. One or more patents apply to this site and to the features and services accessible via the site, including without limitation: (Patent Nos. and all corresponding foreign counterparts to follow).
    14. NO WARRANTY. PRIMESHOWING, LLC PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMESHOWING, LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PRIMESHOWING, LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
    15. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL PRIMESHOWING, LLC OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PRIMESHOWING, LLC OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
    16. Changes; Discontinuance. Primeshowing, LLC reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Primeshowing, LLC’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Primeshowing, LLC may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
    17. Indemnification. You agree to defend and hold Primeshowing, LLC, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
    18. Release. You release Primeshowing, LLC, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.

 

App Terms and conditions

    1.  INTRODUCTION: Welcome to our application (the “App“). This App is published by or on behalf of Primeshowing, LLC (“Primeshowing” or “We” or “Us“).
      By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 10 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
    2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
      You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

      1. Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
      2. Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
      3. Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

      You agree to indemnify Primeshowing and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

    3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Primeshowing or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Primeshowing’s express permission.
      The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Primeshowing or its group companies or third party partners of Primeshowing. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Primeshowing or the relevant group company or the relevant third party partner of Primeshowing.
    4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). Primeshowing may monetize some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Primeshowing does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
    5. PRIMESHOWING PRIVACY POLICY: We take your privacy very seriously. Primeshowing will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the App you acknowledge and agree that you have read and accept the terms of our app privacy policy and app cookies policy and these Terms.
    6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PRIMESHOWING DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN PRIMESHOWING AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
      Primeshowing will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:

      1. economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
      2. loss of goodwill or reputation; or
      3. special or indirect or consequential loss.

      Nothing in these Terms shall be construed as excluding or limiting the liability of Primeshowing or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law

    7. SERVICE SUSPENSION: Primeshowing reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
    8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Primeshowing, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
    9. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Primeshowing concerning your use of the App.Primeshowing reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Primeshowing.

      These Terms shall be governed by and construed in accordance with U.S. law and you agree to submit to the exclusive jurisdiction of the United States Courts.

      If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

      Primeshowing’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Primeshowing in writing.

    10. CONTACT US: info@primeshowing.com