Terms of Service
Last Modified: 02/2022
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Show Me Del Rio LLC, a Texas limited liability company (“Show Me Del Rio”) and you (the “Client”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the products and services purchased through Show Me Del Rio (individually and collectively, the “Services”).
The terms “we”, “us”, “our”, “Show Agent” or “Showing Assistant” shall refer to Show Me Del Rio. The terms “you”, “your”, “User”, “customer” or “client” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. The terms “buyer” or “buyers” refer to the individuals who are meeting with a show agent to tour a property. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. HOURS OF OPERATION
Show Me Del Rio operates from 8:00 A.M. CST to 8:00 P.M. Monday through Sunday.
3. SHOWING ASSISTANT
The Showing Assistant (“Show Agent”, “on-demand Show Agent”) agrees and warrants that he/she’s only responsibility and requirement is to open the property to the buyer and remain on premises during the showing. Showing assistants are prohibited from offering their opinion on price, Market conditions, Neighborhood and will uphold the Code of ethics provided by the National Association of Realtors. Showing Assistant agrees not to directly or indirectly solicit, contact (including but not limited to e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet0 with any Showing Customers for purposes of offering or accepting goods or services similar to or competitive with those offered by Hiring Agent. The Showing Assistant will uphold all Local State License Laws. The Showing Assistant agrees to exhibit a professional appearance and manner at all times including but not limited to appearance, clothing, body language, communications with Client or Buyers.
4. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Show Me Del Rio LLC and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Service or your breach of this Agreement. Furthermore, you agree that Show Me Del Rio LLC. assumes no responsibility for the content you submit or make available through this Service.
5. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. NON-DISCLOSURE
Show Me Del Rio and the Show Agent agree that all information obtained during and/or as a result of a showing event or service is strictly confidential and the proprietary information of the Client. Show Me Del Rio agrees not to disclose such information or take any action based upon it. Confidential information includes but is not limited to buyers names, contact information, addresses, property addresses, price ranges and REALTOR® information. Prohibited actions include but are not limited to, poaching, attempting to contact buyers for purposes of marketing, selling or purchasing.
7. PAYMENT PROCESSING
Payment processing services for Show Me Del Rio are provided by Stripe and are subject to the Stripe Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Terms of Service or continuing to work with Show Me Del Rio you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the use of the Terms of Service, enabling payment processing services through Stripe, you agree to provide Show Me Del Rio LLC accurate and complete information about you and your business, and you authorize Show Me Del Rio LLC to share it and transaction information related to your use of the payment processing services provided by Stripe
8. BOOKINGS
All booking or event showing requests require a minimum notice of one (1) hour and thirty (30) minutes prior to the start of any event. A rush fee of $10.00 will be charged for requests submitted less than one (1) hour and thirty (30) minutes prior to the start of any event. Rush events are dependent upon the Show Agent availability and are not guaranteed.
9. CANCELLATIONS, FEES, REFUNDS
Cancellations at least 30 minutes prior to the scheduled event will not be charged a cancellation fee. Cancellations less than 30 minutes prior to the scheduled event will be subject to a $15.00 cancellation fee. Buyers who are more than 20 minutes late will subject the Client to a $15.00 late fee. Buyers who do not show to an event within 20 minutes of the event starting time will subject the Client to a $15.00 no show fee. Refunds will be granted at the sole discretion of Show Me Del Rio on a case-by-case basis and are not guaranteed. Invoices will be issued immediately after the event and must be paid in full within three (3) hours of issuance or a $25.00 late payment fee may be applied. An additional $25.00 late fee will be applied for each day of non-payment and Show Me Del Rio may terminate the client relationship.
10. CONTACT US
If you have any questions or concerns please contact us.
Show Me Del Rio LLC.
PO Box 421983
Del Rio, TX 78842
[email protected]
(830) 734-4154