Thank you for using AccuShow service and Internet website (Collectively "Service") offered to you by Federal Schedulers, LTD. By using the Service you agree to be bound by the following "Terms of Use" and by the AccuShow "Privacy Policy," all of which are herein incorporated by reference. Each time you use the Service by phone or on the Internet, you affirm/reaffirm your acceptance of the then-current Terms of Use and Privacy Policy. If at any time you do not wish to be bound by these Terms of Use and Privacy Policy, you may discontinue using the Service. All headings are for convenience only.
You acknowledge that AccuShow's business activity includes but is not limited to the following principal functions: providing to real estate specialists showing scheduling and feedback collection tools and services, including Internet website services and live telephone operators, so as to coordinate the schedules and the efforts of buyers, sellers, and their respective agents in buying, selling, and renting real estate properties for sale and for lease and in communicating with one another. The information and services offered by AccuShow are provided solely for general business information purposes, do not constitute real estate, legal, tax, accounting or other professional advice, or an offer to buy, sell, or lease real estate, and may not be used for personal, family or household purposes or to determine an individual's eligibility for credit, insurance, or employment.
AccuShow may modify the Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Service. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Service. If at any time you do not fully understand the Terms of Use, you must refrain from using the service and consult with an attorney of your choice for further clarification.
In order to obtain access to the non-public portions of the Service, you must obtain a login name and password from AccuShow. You agree that you will be responsible for maintaining your login information and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us (a) if your login information is compromised or (b) if you become aware of any unauthorized use of your login information or of any other breach of security that may affect the Service. AccuShow is not responsible to any loss, damage, injury or death due to dissemination of information to authorized or to unauthorized users through AccuShow.com or through telephone operators. You are responsible for obtaining your client's permission to use scheduling service for your listings. In any jurisdiction where, despite this provision, AccuShow may be directly or indirectly liable for any loss, damage, injury or death due to any party's use of the Service, use of this Service is not recommended, in which event your use (a) shall be considered a voluntary waiver of your right to claim or collect compensation from AccuShow or to pursue any charges against AccuShow for such loss, damage, injury or death, and (b) shall indicate your assumption of any and all liability for using AccuShow. We encourage you to learn more about AccuShow's security policies before making a decision to use or not to use this Service. You are encouraged to explore the AccuShow.com site and/or to contact an AccuShow call center to ask any pertinent questions.
By providing information about yourself, about your listings, and about your clients to AccuShow, you agree that this information will be shared with other Service users. However, your contact information will never be conveyed by AccuShow to any buyer and will never be conveyed by AccuShow to any seller who is not your client, and your billing information will never be shared with anyone, except the credit card merchant service to collect your fees for using the Service to enter and maintain your listings. The AccuShow Privacy Policy explains how AccuShow collects and uses information that is input into the Service. You consent to AccuShow using all information, whether personal or otherwise, that is input or otherwise collected by AccuShow through the Service. Further, if you use AccuShow to schedule showings and collect feedback on one or more property listings, you give AccuShow your full consent to obtain or verify contact information, including phone numbers, office address, and email address, of any real estate professional who schedules a showing of your property listing. You also acknowledge that your contact information will be routinely shared with other real estate professionals using the Service in order to facilitate showings of properties by you and by those real estate professionals.
You hereby acknowledge that by using the AccuShow Service you are not in violation of any rule or provision or law applicable to you under any federal, state, or local government agency, or under any private, public, or professional organization, society, board, or institution, or another form of member-based establishment.
You acknowledge that the Service may contain information, communications, photos, text, graphics, photos, sounds, music, and other material and services (collectively "Third-Party Content"), which is generally provided by AccuShow or by licensors of AccuShow. Notwithstanding that AccuShow permits its users access to the Service and Third-Party Content, AccuShow owns all rights, title and interest in and to the Service and/or Third-Party Content including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" shall mean any and all permanent or temporary rights under patent, copyright, trade secret, trademark, and unfair competition laws; and any and all other proprietary rights, and any and all applications, extensions, renewals, and restorations thereof, now or hereafter in force and effect worldwide and in all media now existing or later developed. You agree to not modify, adapt, copy, translate, derive works from, decompile, reverse-engineer, or otherwise attempt to derive source code from the Service and/or Third-Party Content. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Service and/or Third-Party Content or incorporate it (or any portion of it) into another product. You also may not authorize or assist any third party to do any of the things described in this paragraph. If you become aware that the Service and/or Third-Party Content or other Content on the web-site violates anyone's Intellectual Property Rights, you agree to notify AccuShow immediately.
You acknowledge and agree that AccuShow may suspend, limit, or terminate your account and remove and discard any Content without notice to you for any reason, including without limitation, (a) your failure to use the Service for what AccuShow, in its sole discretion, deems to be an extended period, (b) your violation of these Terms of Use, as to be determined at AccuShow's discretion, and/or (c) you have acted or failed to act in any manner which resulted into any objectionable situation, as determined in AccuShow's sole discretion. You agree that any termination of your access to the Service shall not result in any liability or other obligation of AccuShow to you or any third party in connection with such termination.
You may use Service for lawful purposes only. You may not post on or transmit through the Service, directly or indirectly, any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, pornographic, defamatory, invasive of privacy or publicity rights, vulgar, or otherwise objectionable, (3) encourages conduct that would constitute a civil or criminal offense, (4) gives rise to any type of liability, or (5) violates any law or regulation. You also may not (6) collect or store personal data of other users of the Service without the prior, written permission of such user(s), (7) directly or indirectly, intentionally or unintentionally, disrupt, or interfere with the Service in any manner that may adversely affect AccuShow or any user of the Service, (8) impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, images, or other content posted on or transmitted through the Service; (9) transmit any information to any person, group of people or other entities who has/have not given you permission to receive this information from you, or (10) upload, post, email or otherwise transmit any unsafe material or data that contain or may be suspected to contain, in AccuShow's sole discretion, computer or Internet viruses or any other unsafe code, files or programs designed to or known to disable or limit the functionality of any computer or telecommunications hardware, software, or component.
Service users who lawfully enter and maintain content such as contact information of various parties, showing times/dates, property data, or other materials (hereinafter "Proprietary Content") through the Service own all applicable property rights, if any, to that Proprietary Content. You may not use, enter, or maintain any Proprietary Content for which you do not have full permission. By entering Proprietary Content through the Service, you represent and warrant that you either own or have sufficient rights to dispose of this content and that this content does not and will not infringe any copyright or any other third-party right, nor will it violate any applicable law or regulation. You agree to be solely responsible for any liabilities, fines, penalties or forfeitures resulting from by any such violations or lack of rights. Although you retain ownership of all content that you enter through the Service, AccuShow owns all title, right, and interest in any compilation, collective work or other derivative work created by AccuShow using or incorporating content, including any and all Proprietary Content you have provided. In addition, by entering Proprietary Content into the Service via any available means, you grant AccuShow, its affiliates, subsidiaries, assigns, vendors, agents and licensees the irrevocable, perpetual, worldwide right to display, distribute, reproduce, compile, adapt and promote this content in any fashion and/or to incorporate this content in any other legal application, work, or purpose, in any form, media, or technology now known or later developed. You waive any right to privacy in the Content beyond what is given in the Privacy Policy. You waive any right to inspect or approve uses of any and all content used in the Service or to be compensated for any such uses.
Users of AccuShow are not required to be members of any local, state, or national voluntary associations of real estate professionals, and are not required to be members of any Multiple Listing Service. AccuShow is not under any agreement with any real estate association, board, club, or organization, or under any agreement with any federal, state, or local government organization. Federal Schedulers, LTD or AccuShow are not affiliated with or endorsed by any city, state, or national Realtor organization. All direct or indirect references within any component of AccuShow's service to any professional designation, such the National Association of Realtors' "Realtor" designation, and all references to professional associations, affiliations, boards, clubs, or organizations are to be used for distribution of user phone calls between service centers located in various locations and for geographic assignment of time zones applicable to each market area and to each property listing.
From time to time, in AccuShow's sole discretion, AccuShow may offer a free trial period to certain individuals or groups of individuals chosen by AccuShow to participate in the free trial. Unless terminated sooner by AccuShow, the Free Trial shall last for the length of time specified in the promotion offered to the trial participant. During the Free Trial, the participant shall be considered a fully authorized user, who must abide by these Terms of Use.
Any property information, including key box locations, security and alarm codes, names of pets, and other sensitive pertinent property/owner details which you may provide to AccuShow, will be shared with other real estate professionals using the Service. However, because identity of a party calling to schedule a showing can be difficult to verify, you agree and understand that there are risks associated with using AccuShow that may lead to theft, vandalism, and other casualty, including personal injury and death. To minimize the named risks, AccuShow discourages the use of MLS ID for identify validation purposes and encourages each user to elect and routinely utilize a system-wide National Showing ID and password. You hereby and agree to use these methods and to encourage using other real estate professionals to do the same. Further, by using the Service, you agree to hold AccuShow harmless from and to indemnify AccuShow for any and all claims arising out of the named risks. Finally, be reminded that many real estate professionals elect to use these and other obvious methods to reduce the named risks: personally accompanying showings, showing properties while property occupants and their valuable belongings are not present, personally verifying the identity of the showing real estate professional, and using key boxes requiring special security authentication methods to be opened.
If you contact AccuShow with information including, without limitation, questions, comments, suggestions, or complaints regarding the Service, any information provided by you shall be deemed non-confidential, and AccuShow shall have no obligation of any kind with respect to that information. In addition, you agree and acknowledge that AccuShow shall be free to reproduce, use, disclose, transmit, and create derivative works from and distribute information provided by you to others without limitation, and you authorize others to do the same. Further, AccuShow shall be free to use any ideas, concepts, know-how or techniques contained in information obtained from you in this manner for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products or services. AccuShow shall not be liable or owe any compensation for the use or disclosure of any information obtained by you.
AccuShow is not required to pre-screen Content posted through the Service, although AccuShow reserves the right to do so in its sole discretion at any time. AccuShow is not liable for any content or Proprietary Content that is provided by others or to others. AccuShow reserves the right to remove without notice any content that, in its sole judgment, is inappropriate, inapplicable, or fails to comply with these Terms of Use, but AccuShow is not responsible for any failure or delay in disposing of such material.
You are responsible for the timely payment of any fees incurred by your use of components and services available on AccuShow.com. AccuShow RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED. If you are a user enjoying the free trial of AccuShow.com, you agree: (1) to provide AccuShow with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable fees incurred by your use of the Service.
You shall not provide, disclose, or transmit any portion of the information from AccuShow.com website to any direct or indirect competitor of AccuShow. Further, you may not access or use any portion of the Service if you are a direct or indirect competitor of AccuShow, which, by way of example, includes, but is not limited to, Internet listing services or other real estate information service, lead generation or a marketing company, or mortgage company.
With respect to all content you elect to upload into AccuShow.com website, email or otherwise transmit to or via the Service, you grant AccuShow a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that AccuShow may preserve any such content and may also disclose such content in its discretion. You represent and warrant that (a) you own or have the full right, power and authority to grant to AccuShow use of and rights in and to all content that you upload, post, email or otherwise transmit to or via the Service; (b) your license of such content to AccuShow hereunder does not, and the use or license of such content by AccuShow to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
When you use the Service, AccuShow collects both personally and non-personally identifying information about you and your use of the Service. Such information includes (a) what you intentionally submit to us while using the Service, including, for example, by filling out forms with your contact information or by logging in with your UserID and password, and (b) information that may be collected automatically while you use the Service, including, for example, your IP address, your IP host, session duration, and "click stream" data that tracks user activity in the Service. We generally use or disclose the information we collect through the Service to conduct research on, to improve the Service, to perform customer service and support, to fulfill your requests for services, to provide you with information regarding our services, including service-related announcements, and to ensure security of other users of the Service.
We reserve the right to use or disclose the information we collect from you whenever we have reason to believe that use or disclosure may be necessary to identify possible violations of these Terms of Use, to identify, contact or bring legal action against persons or entities who may be violating your rights, our rights, or the rights of others, or if we believe that we are required to do so to respond to legal process or otherwise to comply with law. We also reserve the right to use and disclose the information we collect to protect the security of our Service and services, web sites, users, and to protect ourselves from liability or in connection with a merger, acquisition or liquidation. AccuShow takes steps to protect the security of the personally identifiable information we collect, including, for example, physical, electronic, and procedural safeguards. No information should be submitted to, or posted at, the Service by visitors under 18 years of age.
You hereby acknowledge that the. Service relies heavily on Internet for all communications required in rendering useful products and services to its users. Internet response and account access times may vary notably due to a variety of factors, including showing volume, economic and market conditions affecting the use of the Internet, and overall Service limitations. AccuShow reserves the right to modify, add to or discontinue any part or feature of the Service including, but not limited to, the entire Service, any or all content, service hours, market coverage, or equipment needed for use. AccuShow has no obligation to provide you with notice of any such changes. AccuShow is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of any aspect of the Service. AccuShow also reserves the right to temporarily inactivate its service, including the website and the call centers, for emergency equipment repairs, system security breaches, regular system updates, power and telephone service outages, natural disasters, civil riots, strikes, and other unexpected factors beyond AccuShow's control. AccuShow may but is not required to compensate its users for any and all service interruptions.
Any and all maps or links to maps used on AccuShow.com are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. AccuShow assumes no responsibility for any loss or delay resulting from such use.
ACCUSHOW DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH SERVICE. THE SERVICE IS PROVIDED FOR YOUR USE "AS IS," "WITH ALL FAULTS," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, UNLESS SUCH WARRANTIES CANNOT LEGALLY BE EXCLUDED UNDER YOUR LOCAL LAWS. SPECIFICALLY, ACCUSHOW DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ACCUSHOW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE CAN MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. FOR THE PURPOSES OF THIS AGREEMENT, "SERVICE" SPECIFICALLY INCLUDES ALL THIRD PARTY CONTENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ACCUSHOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ACCUSHOW DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT ACCUSHOW WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE.
ACCUSHOW'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICE AND/OR DISPUTE WITH ACCUSHOW, INCLUDING WITHOUT LIMITATION YOUR USE OF OR INABILITY TO USE THE SERVICE, IS TO DISCONTINUE YOUR USE OF THE SERVICE. ACCUSHOW AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE (WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUIDNG NEGLIGENCE)) OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ANY PARTY'S USE OF OR REGISTRATION WITH THE SERVICE OR INABILITY TO USE OR REGISTER WITH THE SERVICE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, ACTIVITIES PRIOR TO, DURING, OR AFTER ANY MEETING SCHEDULED THROUGH THE SERVICE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, THE DELAY, TERMINATION OR SUSPENSION OF ANY TELECOMMUNICATION DEVICES, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF ACCUSHOW HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ACCUSHOW AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless AccuShow and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of or inability to use the Service.
AccuShow has the right to terminate your registration, the Service license or your access to Service for any reason and at any time, including, without limitation, your unacceptable or otherwise inappropriate use of the Service, as determined by AccuShow in its sole discretion, or in the event of any breach by you of the Terms of Use. AccuShow may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Service.
All trademarks, service marks, names, logos and similar identifiers used in connection with the Service are the property of AccuShow, including, without limitation, terms "Liberty Showing" and "Maximum Showing."