Application End User License Agreement
Latest Update: December 08, 2022
This Application End User License Agreement (this “Agreement”) is a binding agreement between you (“User” or “you”) and REGIG, LLC. This Agreement governs your use of the REGIG application (including but not limited to all related documentation and the web-based and/or mobile app-based and related services) (collectively, “Application” or “REGIG Platform”), which is licensed, not sold, to you in accordance with the terms of this Agreement.
TERMS FOR ALL USERS
USER REQUIREMENTS
Use Limited to Defined Users. In order to use the Application, you must be an Initiating Agent, Showing Agent, or Brokerage, all of which are defined exclusively as follows: The “Initiating Agent” is a Licensed Real Estate Agent (as defined below) that utilizes the Application seeking a licensed real estate agent to provide ingress to the entrance of residential real estate property (and secure after egress) for a potential buyer, other clients, or vendors (the “Initiating Agent’s Client”). The “Showing Agent” is a Licensed Real Estate Agent (as defined below) who is seeking to open properties for Initiating Agents (the “Showing Agent Services”). The “Brokerage(s)” is a duly licensed real estate brokerage (individual or company) using the REGIG Platform to monitor, along with other services, its Brokerage Agents (defined below) who use the REGIG Platform as a Showing Agent or Initiating Agent. Initiating Agents and Showing Agents who are employees or independent contractors of a Brokerage are also a “Brokerage Agent.” Brokerage Agents, Showing Agents, Initiating Agents, and Brokerages all have certain additional unique terms only applicable to each respectively, which are found in this Agreement.
User Verification/Acknowledgement. Regardless of how you are defined as a user, by clicking ACCEPT, you (A) acknowledge that you have read and understand this Agreement and the Privacy Policy (defined below); (B) warrant and affirm that you are a real estate agent and/or real estate broker actively licensed in a state and/or territory of the United States to represent both buyers and sellers of real estate transactions and have access to the Multiple Listing Services governed by the National Association of Realtors and are thus a “Licensed Real Estate Agent” and adhere to their codes of ethics and professionalism (“Real Estate Codes”); (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER and/or of the legal age to enter into a binding agreement, AND (D) accept this Agreement and agree that you are legally bound by its terms and any updates that may occur from time to time. By accessing or using the Application, you confirm your agreement to be bound by this Agreement and any updates to this Agreement in accordance with the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR CAN NOT MAKE THE REPRESENTATIONS AND WARRANTIES, YOU MAY NOT ACCESS OR USE THE APPLICATION AND MUST STOP YOUR USAGE OF THE APPLICATION IMMEDIATELY. This Agreement supersedes any prior agreements or arrangements with you regarding the usage of the REGIG Platform.
Real Estate License Requirement. THE APPLICATION IS ONLY FOR LICENSED REAL ESTATE AGENTS. If you are not a Licensed Real Estate Agent who is licensed to represent parties in real estate transactions, you must immediately stop your access and usage of the REGIG Platform and delete your account.
Licensure and Identity Verification. You may be subject to a review process at any time you attempt to and/or actually use the REGIG Platform, which may include but is not limited to identity and real estate licensure verification using third-party services as appropriate (“Real Estate License Checks”). Although REGIG may perform Real Estate License Checks, REGIG cannot confirm that any User is who he/she claims to be or has the licensure he/she claims to have. Therefore, REGIG cannot and does not assume any responsibility for the accuracy or reliability of the Real Estate License Checks.
PURPOSE OF APPLICATION
Agreement of Limited Application Purpose, License, and Use. YOU AGREE THAT YOU WILL USE THE REGIG APPLICATION EXCLUSIVELY FOR THE PURPOSE FOR WHICH IT WAS DEVELOPED AND PROVIDED AS A SERVICE BY REGIG: TO CONNECT INITIATING AGENTS AND SHOWING AGENTS, BOTH OF WHOM ARE RESPONSIBLE FOR MAKING REPRESENTATIONS OF LICENSURE TO PROVIDE REAL ESTATE SERVICES. YOU ACKNOWLEDGE REGIG MAKES NO AFFIRMATIVE REPRESENTATION THAT THE REGIG PLATFORM VERIFIES OR OTHERWISE CONFIRMS OR WARRANTS THAT: (A) THE INITIATING AGENT HAS AN AGENCY AGREEMENT WITH ANY BROKER, (B) WHETHER YOUR OR ANOTHER AGENT OR BROKERAGE’S REPRESENTATIONS ARE TRUE OR CORRECT, (C) THAT THE SHOWING AGENT IS WILLING OR ABLE TO FULFILL THE SERVICES HE/SHE AGREED TO, OR (D) THAT THE SHOWING AGENT WILL NOT PROVIDE ANY COMPETITIVE INFORMATION, FOR EXAMPLE GIVING AN OPINION OF PRICE, AND/OR CONDITION OF REAL ESTATE IT PERFORMED SERVICES IN AND/OR SOLICITING THE CLIENT (EVEN THOUGH THESE ACTIONS ARE STRICTLY PROHIBITED UNDER THIS AGREEMENT). ACCORDINGLY, BOTH THE INITIATING AGENT AND THE SHOWING AGENT (AND THE BROKERAGE IF APPLICABLE) ARE STRONGLY ENCOURAGED TO CONDUCT THOROUGH DUE DILIGENCE BEFORE CONTRACTING WITH EACH OTHER FOR SERVICES.
The Company operates the Application as a digital marketplace platform that is accessed in through mobile devices. Among other functions, the REGIG Platform enables you to request and receive services from other persons who are representing that they are Licensed Real Estate Agents. To access and use the REGIG Platform subject to the limited and specific terms described herein, REGIG grants you a limited license to use the REGIG Platform for said purposes (see License Grant and Limitations below).
You acknowledge that your ability to request, and if applicable, obtain or perform Showing Agent Services from/or as a Showing Agent, in connection with your use of the REGIG Platform does NOT establish REGIG as the requestor or provider of the Showing Agent Services or any real estate services. REGIG does not request or provide Showing Agent Services but instead is merely the provider of the Application.
You also acknowledge that REGIG, LLC AND THE REGIG PLATFORM DOES NOT SHOW REAL ESTATE, SELL REAL ESTATE, OR PROVIDE ANY ASSISTANCE IN THE SHOWING, SELLING, OR PURCHASING OF REAL ESTATE OR PROVIDE ANY REAL ESTATE SERVICES WHATSOEVER. REGIG is not responsible for the performance or communications to you or any of its users, in part because REGIG has no control over the quality, timing, legality, failure to provide, or any other aspect of Showing Agent Services.
License Grant And Limitations. Subject to your agreement to the terms of this entire Agreement, REGIG is granting you a limited, non-exclusive, and non-transferable license to access, download, install and use the Application for your exclusive use on any device owned or otherwise controlled by you (“Device”) strictly in accordance with this Agreement; and access, download, and/or use on such Device made available in or otherwise accessible through the Application, strictly in accordance with this Agreement, the Privacy Policy, and any other terms applicable to such REGIG Platform.
Under no circumstance are you permitted to:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; and/or
use the Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person or violates any applicable law.
Reservation of Rights. You acknowledge and agree that the Application is provided under license and not sold to you, and REGIG may cancel such license at any time with or without notice or cause. You may cancel your license by deleting your account to use the Application. Regardless of circumstances, you do not acquire any ownership interest in the Application under this Agreement or any other rights other than to use the Application according to the license granted and subject to all terms, conditions, and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
YOUR USAGE
User Representations and Warranties. You as a User represent and warrant that:
You are at 18 years of age or older.
You agree to every term and condition applicable to you in this Agreement and various addendums.
You have the right, authority, and capacity to enter into this Agreement and abide by the terms and conditions of this Agreement and that you will so abide.
You will use your real, legal name on your account.
You will not use the REGIG Platform to solicit for employment or otherwise induce influence or encourage other users to terminate their employment.
You will only provide Showing Agent Services in states you are registered as a licensed real estate agent or brokerage.
You have secured any necessary permission, such as, if applicable, permission from your brokerage and/or Initiating Agent’s Client, to use the REGIG Platform to engage as an Initiating Agent or Showing Agent.
You will respect the privacy, property, and data protection rights of Users and the people you may be performing Showing Agent Services for.
You will fulfill the commitments you make to other Users, communicate clearly and promptly, and be present and/or available at the time you agree upon.
You will act professionally and responsibly and in accordance with the Real Estate Codes in your interactions with other Users and when providing Showing Agent Services.
When using or accessing the REGIG Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or customs and in good faith.
You will abide by any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You agree to indemnify, defend, and hold harmless Company 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 breach of these User Representations and Warranty terms including for any party or non-party allegations of misuse of the Application or your breach of this Agreement including but not exclusively. Furthermore, you agree that REGIG assumes no responsibility for the content you submit or make available through this Application.
User Content. “User Content” means any literal or graphic representations you input into REGIG Platform, or in any way to REGIG, its affiliates, or other Users in connection with your usage of the REGIG Platform, including but not limited to posting made as an Initiating Agent for any reason. You are solely responsible for your User Content, and the Company acts as a mere passive conduit for the online distribution and publication of your User Content. By placing postings on the REGIG Platform, you grant REGIG a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, distribute, and otherwise exploit your User Content in any manner to provide your User Content to others as intended. You acknowledge and agree that REGIG is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content. REGIG has no responsibility or obligation to monitor or review User Content and reserves the right to remove or limit User Content at any time for any reason, including if it is not compliant with this Agreement.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant REGIG the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor REGIG’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or illegal, as determined by REGIG in its sole discretion, whether or not such material may be protected by law.
Collection and Use of Your Information. You acknowledge that when you download, install or use the Application; the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and your use of the Application. The Application may provide you with opportunities to share information about yourself with others. All information REGIG collects through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information, you agree to treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
REGIG has the right to disable any username, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if you are or have violated any provision of this Agreement in our opinion.
DELETION AND/OR CANCELATION
Account Deletion. You may request for your account to be deleted at any time. The Company may keep records of your account, such as your information, what showings you participated in, what payments were made to you, or other payment information. All records kept of your account will adhere to REGIG’s Privacy Policy.
PAYMENTS
Payment Processing. Payment processing services for Initiating Agents and Showing Agents and Brokerage Solution on the REGIG Platform are currently provided by Braintree and are subject to the Braintree Connected Account Agreement, which includes the Braintree Terms of Service (collectively, the “Braintree Services Agreement”). By agreeing to this Agreement or continuing to use the REGIG Platform and/or Brokerage Solution, you agree to be bound by the Braintree Services Agreement, as Braintree may modify the same from time to time. In addition, as a condition of REGIG enabling payment processing services through Braintree, you agree to provide REGIG with accurate and complete information about you and your business, and you authorize REGIG to share it and transaction information related to your use of the payment processing services provided by Braintree. You shall notify REGIG of any disputes regarding payments within fourteen (14) days from the processing date of a payment. You shall be deemed to have accepted and agreed with any payments for which REGIG does not receive timely notice of disputes. You also agree and acknowledge that REGIG, at its exclusive discretion, may change the payment processing services without notice to you and for which you will be required to utilize its services agreement. REGIG reserves the right to change payment processing service providers at any time and without notice to You.
Prices. REGIG may from time to time change the cost of Showing Assistant Services and will communicate any price changes to you in advance. If you do not agree to a price change, you can reject the change by uninstalling the application before to the price change goes into effect. Tax rates are calculated based on the Florida tax rate (6%).
YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME BY contacting REGIG at https://support@regig.io. You must update all changes to your credit/debit card information by logging into your account on the REGIG platform. If you do not update your credit/debit card information and REGIG is unable to charge your credit card or withdraw funds from your debit card for the amount due on your REGIG account, you may be subject to applicable late fees, returned item charges, or any fees or charges assessed by your financial institution. REGIG SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
REGIG reserves the right to change these terms or terminate this program at any time. Notice may be given on or with your invoice or by other methods.
APPLICATION DETAILS
REGIG Platform Accessibility. The Platform is accessible through downloading an application on your Device (the “Mobile App”) and products and services are accessible thereon. Your access to and use of such the REGIG Platform may require you to acknowledge your acceptance of this Agreement and the Privacy Policy and/or create an account on the REGIG Platform. Your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality.
Geographic Restrictions. REGIG is based in and provides access and use of the REGIG Platform only by applicable users located in the United States. You acknowledge that you may not be able to access all or some of the REGIG Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the REGIG Platform from outside the United States, you are responsible for compliance with local laws.
Updates. From time to time in its sole discretion, the company may develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or continue to provide or enable any particular features or functionality. The updates will be automatic and may not be noticeable to you. However, if you use the Device-based REGIG Platform, based on your Device settings, when your Device is connected to the internet, either:
The Application will automatically download and install all available Updates, or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Intellectual Property. User acknowledges that, as between User and REGIG, REGIG owns all rights, title, and interest, including all intellectual property rights, in and to the REGIG Platform and Services and all other intellectual property provided to User and, with respect to Third-Party Materials, the applicable third- party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Materials.
If you believe that any User Contributions violate your copyright, please contact our designated agent, WILLIAM J ANDERSON PA at 101 NE 3RD AVE 1500 FORT LAUDERDALE, FL 33301 with the DMCA Notice information. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following information:
The identity of the copyrighted work you believe has been infringed or if the claim involves multiple works on the Website, a representative list of such works.
The identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which the Company can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
Under penalty of perjury, a statement that you are authorized to act on behalf of the copyright owner.
Your physical or electronic signature.
Third-Party Materials. The Application may display, include or make available third- party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. The company does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party materials. Third- Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.
TERMINATION OF THIS AGREEMENT
Term and Termination. The term of Agreement commences when you install the Application/acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section.
You may terminate this Agreement by deleting your account in the Application and all copies of the Mobile App from your Device.
The company may terminate this Agreement without notice or if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination: all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Mobile App from your Device and account.
Termination will not limit any of the Company’s rights or remedies at law or in equity.
Changes to this Agreement. REGIG may revise or update this Agreement from time to time at its sole discretion. All changes are effective immediately when REGIG posts a Notice of such changes on its website. Your continued use of the REGIG Platform following the Notice a revised Application End User Agreement has been posted means that you accept and agree to the changes.
MISCELLANEOUS
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE REGIG PLATFORM AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
Severability. Suppose any provision of this Agreement is illegal or unenforceable under applicable law. In that case, the remainder of the provision will be amended to achieve the effect of the original term as close as possible. All other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Ft. Lauderdale. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement, including but not exclusively all relevant provisions depending on user’s definition, and REGIG’s Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email, text, or SMS or by REGIG posting Notices on the Application via banners or other methods. You agree that all Notices that we provide electronically satisfy any legal requirement that such communication is in writing. Notices include any notice of updates to this Agreement and the Privacy Policy.
Consent to Electronic Signatures. By using the REGIG Platform, you agree to transact electronically through the REGIG Platform. You also agree to the following: a) your electronic signature is the equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature, b) your use of a keypad, mount, or other devices to select an item, button, icon, or similar act/action constitutes your signature as if actually signed by you in writing, c) no certification authority or other third party verification is necessary to validate your electronic signature, and d) the lack of such certificate or verification will not in any way affect the enforceability of your electronic signature.
ADDITIONAL TERMS FOR AGENTS
In addition to all other terms in this Agreement (excluding the Specific Terms for Initiating Agents), any user who is a Showing Agent agrees as follows:
You as a Showing Agent agree to act at the direction of and be limited to performing the Showing Agent Services, as detailed by the Initiating Agent, for the Initiating Agent you choose to engage with for a particular Showing Agent Services using the REGIG Platform (“Relevant Initiating Agent”): specifically, to secure ingress and egress to the real estate premises identified by the Relevant Initiating Agent for the Initiating Agent’s Client as directed by the Relevant Initiating Agent and, if required, obtaining additional information from the Relevant Initiating Agent regarding same.
You as a Showing Agent agree to remain at the real estate premises identified by the Relevant Initiating Agent you choose to engage with using the REGIG Platform during the viewing time identified by the Relevant Initiating Agent.
You as a Showing Agent have any and all insurance required to perform the Showing Agent Services you elect to perform as the Showing Agent in any particular transaction.
You as a Showing Agent are not an agent or sub-agent of any Relevant Initiating you engage with using the REGIG Platform.
You are not an agent for any Initiating Agent’s Clients related to the Showing Agent Services you provide.
You will not have any substantive discussion and/or answer any questions regarding the subject of real estate to an Initiating Agent’s Client (including but not exclusively about the price, the real estate market, the neighborhood, the condition of the property, and/or any other real estate information that a licensed real estate agent would generally proffer between you and the Initiating Agent’s Client) unless specifically requested by the Relevant Initiating Agent.
You agree to provide any questions of a substantive nature to a Relevant Initiating Agent.
You as the Showing Agent will not directly or indirectly solicit nor contact (including but not limited to email, regular mail, express mail, telephone, fax, and instant message), attempt to contact, or meet with any Initiating Agent’s Client for any reason, expect to perform Showing Agent Services.
You as the Showing Agent will only be paid after marking the showing “COMPLETE”.
Any amounts due will be transferred automatically by Braintree (or any other credit and/or debit processor that REGIG has contracted with to provide the service) minus transaction fees to the bank account (or other payment accounts) provided by the Showing Agent.
You as the Showing Agent agree that your Showing Agent Services provided to any Relevant Initiating Agent do not create an agency between You and Relevant Initiating Agent and/or the Initiating Agent’s Client. You as Showing Agent agree to execute any non-representation, non-agency forms, or other similar forms when requested by REGIG or another user to show they are not representing any Initiating Agent’s Clients. However, REGIG has no responsibility and/or has no liability to secure such permissions orally or in writing You as Showing Agent also explicitly waive any claims under ANY CIRCUMSTANCE that you are the procuring cause of the sale of the real estate due to you performing Showing Agent Services or other services at the direction of the Relevant Initiating Agent for three years after you performed Showing Agent Services. You as Showing Agent also agree not to solicit the Initiating Agent’s Client directly or indirectly for at least three years.
You as Showing Agent further acknowledge that any Initiating Agents ARE NOT AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, PARTNERS, INDEPENDENT CONTRACTORS, OR EMPLOYEES OF REGIG.
ADDITIONAL TERMS FOR INITIATING AGENTS
In addition to all other terms in this Agreement (excluding the Specific Terms for Showing Agent Users and Brokerage Agents unless applicable), any user who is an Initiating agrees as follows:
As Initiating Agent, you agree to pay the amounts due and owing as identified in the REGIG Platform for the Showing Agent Services provided by the Showing Agent you have engaged using the REGIG Platform (“Relevant Showing Agent”) WHEN PROMPTED THROUGH BRAINTREE (or any other credit and/or debit processor the Company has contracted with to provide the service). No consideration is due to Showing Agent if the Showing Agent cancels before providing their Showing Agent Services.
You as Initiating Agent further acknowledge that any Relevant Showing Agents ARE NOT AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, PARTNERS, INDEPENDENT CONTRACTORS, OR EMPLOYEES OF REGIG.
You as Initiating Agent also acknowledge that REGIG does not supervise, scope, direct, control, or monitor any Showing Agent’s services and that REGIG EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SHOWINGS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
You as Initiating Agent acknowledge that if neither you as Initiating Agent nor the Relevant Showing Agent are employed or otherwise affiliated with the same Brokerage, you agree to utilize the REGIG Platform only to direct the Relevant Showing Agent specifically to secure ingress and egress to the real estate premises identified by you for Initiating Agent’s Clients.