Website Terms and Conditions of Use

THESE CUSTOMER TERMS CONTAIN AN ARBITRATION PROVISION AND WAIVERS OF ANY RIGHT TO A JURY TRIAL OR TO BRING A CLAIM ON A CLASS BASIS. PLEASE REVIEW “ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS” SECTION FOR DETAILS

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Thank you for visiting the ShowMojo website at https://showmojo.com. The ShowMojo website and its associated services including, but not limited to, any mobile applications offered by ShowMojo (collectively, the “Services”), are provided by ShowMojo, LLC, a Delaware limited liability company (“ShowMojo”). By accessing or using the Services, however accessed, you manifest your intent and agree to be bound by this Terms of Use Agreement (“Agreement” or “Terms of Use”).

If you do not agree with any of these terms, you are prohibited from using or accessing the Services. Clicking onto web pages beyond the website’s homepage constitutes your acceptance of and agreement with the Terms of Use, whether or not you complete a transaction with ShowMojo. If you do not agree to the Terms of Use, you may not use the Services. By clicking a box indicating your acceptance and/or using the Services in any way, you and the entity you represent (if applicable) (collectively, “you”) agree that you have read and agree to these Terms of Use. These Terms of Use are effective as of the date you click such box indicating your acceptance and/or use the Services in any way (whichever occurs first). If you are entering into these Terms of Use on behalf of an entity, you represent and warrant that you are authorized to bind such entity to these Terms of Use. These Terms of Use will remain in effect while you use the Services. If you have entered into a separate signed agreement with ShowMojo regarding your use of the Services (“Commercial Agreement”), then the terms and conditions of the Commercial Agreement shall apply to your use of the Services in addition to these Terms of Use, and to the extent of any conflict between any provisions of these Terms of Use and the Commercial Agreement, the Commercial Agreement shall prevail. From time to time, we may make certain additional services, activities, offers, and promotional initiatives available to you in connection with the Services. By participating in any of the foregoing, you agree to be bound by any additional terms and conditions we make available to you in connection with the same (collectively, “Additional Terms”), which are incorporated herein and made part hereof. To the extent that there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms will control. You agree that your use of the Services shall also be subject to the ShowMojo Privacy Policy, made available at the following webpage: https://showmojo.com/privacy-policy

Notice to Users of Consumer Reports: https://www.experian.com/connect/legal/fcra-obligations

1. Permitted Use

You agree that:

  • Your use of the Services is subject to and governed by these Terms of Use,
  • You will only access or use the Services and transact business with us if you are at least 18 years old,
  • You will comply with and be bound by these Terms of Use as they appear on the Services each time you access and use the Services,
  • Each use of the Services by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
  • These Terms of Use are a legally binding agreement between you and ShowMojo that will be enforceable against you.

When you use the Services, you agree to use it only for its customary and intended purposes and as permitted by the terms of these Terms of Use and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of these Terms of Use and for any losses suffered by ShowMojo for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

  • Attempting to access the Services other than through a standard web browser or mobile application unless you have been permitted to do so by ShowMojo through a separate, written agreement;
  • Accessing or attempting to access the Services through automated means;
  • Circumventing the technological protection measures of the Services;
  • Posting or transmitting content intended to collect personal or personally identifiable information from users of the Services or third parties;
  • Disrupting or otherwise interfering with the Services or its associated servers or networks;
  • Scraping, framing, copying, reproducing, republishing, selling, reselling, duplicating, uploading, posting, transmitting, distributing, trading or otherwise exploiting the Services or the content made available on the Services;
  • Diverting or attempting to divert customers of the Services to another website or service;
  • Sending unsolicited or unauthorized communications to users of the Services or third parties;
  • Transmitting content to the Services that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
  • Reverse engineering, decompiling, translating, or disassembling the Services or its content; and
  • Encouraging or assisting any other party to do anything in violation of the terms of these Terms of Use.

2. Intellectual Property; Ownership

Customer Materials. By submitting any content to ShowMojo (including by uploading or posting such content to the Services) (any such content submitted by you, collectively with any content submitted by other users of the Service, “Customer Materials”), you hereby grant ShowMojo a worldwide, irrevocable, non-exclusive, sublicensable, royalty-free license to use, copy, modify, distribute and display such Customer Materials, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, either on the Services or on third-party services, for our current and future business purposes, including to provide, promote, and improve the Services, and to provide Customer Materials to any entity that controls, is controlled by, or under common control with, ShowMojo, for each of their respective business purposes. You shall not post any Customer Materials to the Services unless you possess the necessary rights and permissions to do so. ShowMojo may remove any Customer Materials from the Services that it believes may have been posted without the necessary rights and permissions. For information regarding our processing of any Customer Materials that constitute personal information, please see our Privacy Policy. As between you and ShowMojo, Customer Materials are and will remain your property.

Services. You have no right, title, or interest in or to any of the Services and we or our applicable licensor will retain ownership of and full and exclusive rights in and to the Services, and all related enhancements and modifications to any of the foregoing, including without limitation, ownership of and full and exclusive rights to all related copyrights and other intellectual property rights and full and exclusive rights to sell, license, market, assign, and modify the Services. Without limiting the foregoing, the selection, arrangement, and layout of the Services is the sole and exclusive property of ShowMojo, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited. ShowMojo®, MojoLock® and Seros® are registered trademarks of ShowMojo or its affiliates.

Customer Data. Notwithstanding anything to the contrary in these Terms of Use, we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and Products and related systems and technologies, including without limitation information concerning Customer Data and data derived from it, and we will have the perpetual right to (i) use such information and data to improve and enhance the Services and Products and for other development, diagnostic, and corrective purposes in connection with the Services and Products and our other offerings, and (ii) disclose such data solely in anonymized, aggregated or other de-identified form in connection with its business.

3. License; Limitations

License; Restrictions. During the term of an applicable Subscription, we grant to you a limited, nonexclusive license to (i) access and use the Services and (ii) use any documentation provided to you by us in connection with the Services and Products, in each case for the periods and quantities purchased under the applicable Subscription. This license is limited to you, and you may not resell it, assign it, sublicense it, lease it or otherwise make it available to any third party. This license is also limited to the quantity of rental units included in your Subscription. You may not use any of the Products or Services to develop a product or service that competes with any of the foregoing.

APIs. The Services may include one or more application programing interfaces (“API(s)”). We may set and enforce limits on your use of the API(s) (e.g., limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API, as applicable. YOU AGREE THAT WE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE OUR PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THESE TERMS OF USE. You will not intentionally interfere with this monitoring. You may also have the ability to integrate your third-party property management software with the Services. If you elect to do so, you acknowledge that data from such property management software may be shared with us (e.g., listing data, company data, data regarding the number of Managed Rental Units, occupant data, owner data, etc.). You represent and warrant that you have obtained all necessary consents and permissions required under applicable law to provide such data, and any other data you make available to us in connection with the Services (collectively, “Customer Data”).

4. Subscription Fees; Payment Terms

Subscription Terms. You agree to pay the fees owed pursuant to, and in accordance with the payment timing requirements of, the published terms of the Services plan to which you subscribe (your “Subscription”). You will be responsible for and agree to pay all sales, use, value-added, excise and other taxes, if any, relating to the Subscription other than taxes based on our net income. By signing up for a Subscription, you authorize ShowMojo or our service provider to charge the recurring fees and any applicable taxes for your subscription to your applicable payment method on file and in advance of every new billing period, until canceled in accordance with Section 5. If you believe we billed you incorrectly, you must contact our customer support team within sixty (60) days of the date of the applicable invoice containing the alleged error.

Managed Rental Units. You agree that your Subscription bill may increase or decrease based upon the total number of residential units managed via the Services (the “Managed Rental Units”). We may obtain a count of the number of Managed Rental Units in the following ways: (i) you agree to notify us when your total number of Managed Rental Units increases or decreases by at least ten percent (10%) from the quantity indicated in your Subscription; (ii) from time to time, we may contact you to ask for your current total number of Managed Rental Units, and you agree to provide that total within thirty (30) days; and (iii) we may compute the total number of Managed Rental Units using integrations you establish between the Services and your third-party property management software. In the event that you do not provide an updated number of Managed Rental Units within thirty (30) days of our request, we may (without limiting any of our other rights and remedies) impose a deemed increase of twenty percent (20%) to the Managed Rental Units and a corresponding increase in the total monthly fees payable by you pursuant to your Subscription. Without limiting any of the foregoing, we may adjust your Subscription at any time to reflect the actual total number of Managed Rental Units.

Automatic Renewals. Subject to these Terms of Use, subscriptions to the Services will automatically renew, and your applicable payment method on file will be charged, on a recurring basis corresponding to the duration of your subscription and billing period. You may view the applicable end date of your billing period and the applicable fees in your ShowMojo account.

Placing Orders. Unless otherwise indicated, in order to purchase any product or service via the Services, you will be required to provide a valid credit card or other payment method accepted by ShowMojo, as may be updated from time to time. When you initiate purchases of certain products or services via ShowMojo (each, an “Order”), you expressly authorize us (or our third-party payment processor) to charge your chosen payment method and any applicable taxes (including VAT) for such Order. We may ask you to supply additional information relevant to your Order, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use any such Payment Methods and provide such Payment Information. When you initiate an Order, you authorize us to provide your Payment Information to third parties so we can complete your Order and to charge your payment method for the applicable amount (including any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Order.

Refunds; Usage Limits. All payments are non-refundable, including payments for monthly and annual Subscriptions. Subscriptions may be subject to usage limits, which, if exceeded, will incur additional charges. You are responsible for monitoring your account and usage.

Changes to Subscriptions. We reserve the right to change your subscription offering and/or pricing at any time, but we will give you advance notice of such changes. If you do not wish to accept such changes, you must cancel your subscription prior to the date set forth in such notice, otherwise you will be deemed to have accepted such changes.

Cancellation by ShowMojo. ShowMojo reserves the right to immediately cancel an account that it believes to be (1) opened with a fraudulent or stolen payment method, (2) used for unethical or illegal purposes, (3) used by or for any party currently or intending to market and provide services similar to any features offered within the ShowMojo product.

5. Renewal Terms; Cancellation

Subscriptions to the Service shall automatically renew at the expiration of the then-current billing term for an additional term of the same duration as the previous term and at the then-current non-promotional subscription rate. If you wish to turn off automatic renewals and cancel your subscription, you must log on to your account and click the “cancel” link that can be accessed on the Billings Settings page prior to the expiration of the then-current billing term; your subscription will remain active through the expiration of your then-current billing term, however, your subscription will not be automatically renewed upon the expiration of your then-current billing term. Cancelation requests transmitted by email, phone or any other means will not be honored. Applicable charges incurred during the final billing period such as add-on services, additional listings, or additional leads will be charged to the billing method on file after cancellation has been completed.

6. Smart Lock and Lockbox Products

Products Generally. ShowMojo may make electronic lock boxes, smart locks or other digital access devices (collectively, “Products”) available for purchase via the Services. Such Products are associated with your ShowMojo account upon activation. If you elect to de-activate (i.e., remove a Product from your ShowMojo account) within six months of purchase, you will be charged a fee of $20 per Product. If you elect to de-activate a Product and subsequently elect to re-activate such Product, you will also be charged a reactivation fee. If you purchase a Product from a third party during the term of your Subscription, we may charge you a transfer fee per each such Product transferred into your ShowMojo account for use in connection with the Services.

Orders; Billing. The prices and descriptions of the Products may be revised by us at any time and do not constitute an offer to purchase a Product. All Products are subject to availability and all Orders are subject to our acceptance. An Order will be deemed accepted by us when we accept your payment and dispatch your Order (“Acceptance”). Any email acknowledgement of your Order does not constitute our Acceptance of your Order. We reserve the right at all times to decline to process or accept any Order received from or through the Services at our absolute discretion. Payment in full, without set-off, counterclaim or withholding of any kind, is required prior to our Acceptance. We will charge your chosen payment method before or around dispatch of the applicable Product. We are not responsible for any billing errors unless you notify us of such billing error within ten (10) calendar days from the date of Acceptance. In the event we confirm, in our sole discretion, that such billing error is attributable solely to us, we will cancel your Order and/or refund the prior overpayment that you may have made for the applicable Product, as appropriate.

Delivery Terms. Any delivery timelines provided to you are non-binding and for estimation purposes only. We will use reasonable efforts to adhere to such delivery timelines, but we shall not be liable to you or any third party for any delay. Notwithstanding anything to the contrary herein, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery to the address indicated in the applicable Order; or (ii) when placed in your possession or that of any carrier designated by you. Further, without limiting any other rights or remedies available to us, we reserve the right to: (1) effectuate delivery by any means we consider appropriate, at your expense; and/or (2) charge you for any costs incurred as a result of your rejection or failure to accept delivery, including without limitation any storage cost.

ALL ORDERS ARE FINAL AND YOU WILL NOT BE ABLE TO CANCEL AN ORDER AND/OR RECEIVE A REFUND OF PAYMENT EXCEPT AS EXPRESSLY PROVIDED IN OUR RETURNS POLICY. You acknowledge and agree that in the event that we agree, in our sole discretion, to grant you a refund with respect to your Order, such refund shall not include any fees that credit card companies may charge for the processing of any payment. For the avoidance of doubt, we reserve the right to cancel your Order for any reason.

7. Product and Services Descriptions

We attempt to be as accurate as possible when describing the products and services available via the Services. However, the information contained on the Services is for general information purposes only, and we do not warrant that any product or service descriptions or other content made available via the Services are accurate, complete, reliable, current, or error-free. If you purchase a product through the Services, and you believe such product is not accurately described on the Services, your sole remedy is to return the product in accordance with our return policy.

8. Third Party Products and Services; Third Party Links

You may have the ability to purchase additional products and services via the Services that are provided by third parties (“Third Party Services” and “Third Party Service Providers”, respectively). Third Party Services are offered by us on an AS-IS basis, without any representation or warranty and ShowMojo expressly disclaims any and all liability of any kind with respect to your use of Third Party Services. Use of the Third Party Services may require your assent to Additional Terms and/or terms and conditions promulgated by the applicable Third Party Provider and payment of additional fees.

ShowMojo has not reviewed all of the sites linked to or from the Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ShowMojo of the linked site. Use of any such linked web site is at the user’s own risk.

9. Account-Holder Agreement on Use of Personal Information Provided by Prospects

As an account holder on the Services, you agree to use prospect information only for the purposes of scheduling and obtaining feedback on the listing that a prospect has elected to see. You agree not to contact prospects obtained via ShowMojo for any other reason without first obtaining permission from the prospect. You also agree to hold the prospect’s personal information in a secure manner and to not share that information with any third parties. ShowMojo reserves the right to cancel your account without warning if presented with reliable evidence of a breach of this policy.

You warrant and agree that prospects with whom you engage related to the Services, even if such prospects are not themselves direct users of the Services, will comply with and will be bound by all the provisions of these Terms of Use. Should any prospects with whom you engage related to the Services violate any provision of these Terms of Use or any applicable law or regulation, you agree to indemnify ShowMojo from any associated liability in accordance with Section 11 of these Terms of Use. If you are using any aspect of the Services as a prospective tenant, and you choose to provide (or allow us to provide) any of your personal data to any third party (which may include, without limitation, landlords, property managers or other customers of the Services) via the Services, then you agree that such personal data shall be subject to the privacy practices of such third parties.

10. Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. THE MATERIALS APPEARING ON THE SERVICES COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. SHOWMOJO DOES NOT WARRANT THAT (I) ANY OF THE MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, OR CURRENT, (II) THE SERVICES AND PRODUCTS WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (III) ANY SPECIFIC RESULTS WILL BE OBTAINED USING THE SERVICES AND PRODUCTS, OR (IV) ANY ERRORS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED.

TO THE EXTENT PERMITTED BY LAW, SHOWMOJO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR, AND YOU ACKNOWLEDGE THAT SHOWMOJO WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR, ANY CLAIMS, DAMAGES, INJURY, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SERVICES (INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES), INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME, PERSONAL INJURY, ILLNESS, DAMAGE TO PROPERTY, LOSS OF BUSINESS, OR LOSS OF INCOME, UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, AND WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES (INCLUDING ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SERVICES) IS AT YOUR SOLE RISK AND THAT SHOWMOJO’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES; ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN SHOWMOJO’S LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

For the avoidance of doubt, the foregoing disclaimers and limitations on liability set forth in this Section 10 shall apply to (in addition to all other Services) your use of any Products and any related services provided by ShowMojo (Products and any such services, the “Self-Showing Services”). Without limiting the foregoing, in the event you elect to enable any Self-Showing Services, you acknowledge that there is risk inherent in the Self-Showing Services given the nature thereof, and that, by enabling the Self-Showing Services, you assume all such risk. While use of the Self-Showing Services remains at your own risk, ShowMojo offers certain security and/or anti-fraud services that are designed to mitigate such risk, which may include, without limitation, anti-fraud screening, custom watermarking, prospect identity validation, anti-fraud messaging and identity decisioning (collectively, “Security and Anti-Fraud Tools”). Your ShowMojo account gives you the ability to enable or disable one or more of the Security and Anti-Fraud Tools. It is highly recommended that you enable all such Security and Anti-Fraud Tools, as doing so may decrease the likelihood of fraudulent or other criminal activity relating to your use of the Self-Showing Services or your ShowMojo account generally. However, you acknowledge that, even with implementation of all Security and Anti-Fraud Tools, it is impossible to eliminate such risk entirely, and ShowMojo shall have no liability whatsoever to you or any third party for any unauthorized, fraudulent or criminal activity committed by third parties in connection with your use of the Self-Showing Services.

11. Indemnification

You represent, covenant, and warrant that you will use the Services and Products only in compliance with these Terms of Use and any other published ShowMojo policies then in effect and all applicable federal, state, and local laws and regulations, including, but not limited to, fair housing laws. For the avoidance of doubt, compliance with the Fair Housing Act is solely your responsibility and ShowMojo expressly disclaims any liability in connection therewith. You agree to indemnify, defend, and hold harmless ShowMojo, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Services, (ii) your purchase of products or services through the Services; (iii) your use or misuse of products or services obtained through the Services, including, without limitation, your use of any Self-Showing Services; (iv) your breach of these Terms of Use; (v) your violation of the rights of third parties, including, but not limited to, any claims that any of your Customer Materials violate a third party’s intellectual property rights or other personal or proprietary rights; (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, (vii) any personal injury or property damage or loss of property with respect to any rental unit managed by you, or (viii) your gross negligence or willful misconduct. We may monitor your use of the Services and Products (though we are not obligated to do so) and may prohibit any use of the Services and Products we believe may be (or are alleged to be) in violation of these Terms of Use.

12. Modifications

ShowMojo reserves the right to modify, amend, or cease providing the Services or its associated content at any time and without prior notice. ShowMojo also reserves the right to refuse service or access to the Services to any person or business entity at any time and without notice.

ShowMojo may revise these Terms of Use at any time in its sole discretion. If we make any material changes, we will notify you that we have updated these Terms of Use by email or via the Services. If you continue to use the Services after we have posted the updated Terms of Use, then you are agreeing to be bound by the same.

13. Governing Law

You and ShowMojo agree that any dispute arising out of or related to these Terms of Use or your use of the Services will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of these Terms of Use will not be governed by the United Nations Convention on the International Sale of Goods.

14. Confidentiality

Non-Disclosure. Each party agrees to regard and preserve as confidential all information related to the business and activities of the other party, which may be obtained by such party from any source or may be developed as a result of the Services, including financial and business information, strategy, trade secrets, know-how, technical information, specifications, past, present and future operations, partner, client, and supplier identities, and other non-public information, whether tangible, intangible, visual, electronic or otherwise, together with notes, analysis, compilations, studies and/or other documents prepared by a party, its directors, officers, employees, agents and representatives based upon, containing or otherwise reflecting such information (“Confidential Information”). Each party agrees to hold the Confidential Information of the other in trust and confidence and shall not disclose such information to any person, firm or enterprise, or use (directly or indirectly) any such information for its own benefit or the benefit of any other party. Even when disclosure is permitted, each party agrees to limit access to and disclosure of the other party’s Confidential Information to its employees on a “need to know” basis only. Notwithstanding the foregoing, either party may disclose the other party’s Confidential Information pursuant to applicable law or regulation or compulsion of proper judicial or other legal process; provided, however, that the disclosing party shall provide prompt notice of the same prior to such required disclosure such that the other party may seek a protective order or other appropriate remedy to safeguard, restrict and/or limit the disclosure of such Confidential Information.

Exclusions. Information shall not be considered “Confidential Information” hereunder to the extent, but only to the extent that, such information (i) is or becomes publicly available through no fault, default or breach of or by the receiving party, (ii) is or was rightfully acquired by the receiving party from an independent third party without restriction or obligation of confidentiality and without breach of any agreement or obligation or (iii) if such information is or was independently developed by the receiving party without use of or reference to Confidential Information of the other party.

Recipients; Equitable Relief. Each party shall, in advance, by agreement, instruction or otherwise, ensure that each individual who obtains or is in a position to obtain Confidential Information of the other party, understands and has agreed to comply with the obligations in this Section 14. Further, in the event of a breach or threatened breach of either party’s obligations in this Section 14, the other party shall suffer immediate and irreparable harm for which money damages may be difficult to calculate and/or provide inadequate compensation. Accordingly, either party shall be entitled to an injunction, restraining order or other equitable relief to enforce compliance with the provisions of this Section 14; provided, however, that no specification herein of any particular legal or equitable remedy shall be deemed or construed to prohibit either party from seeking or obtaining any other remedy under these Terms of Use, at law or in equity.

15. Arbitration Agreement and Waiver of Certain Rights

a. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and ShowMojo agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms of Use including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms of Use, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in New York, New York, or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

b. The arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND SHOWMOJO EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

d. Any claims must be brought within one year of accrual or will otherwise be barred.

e. If you would like to opt out of this Arbitration Clause, you must contact us WITHIN 30 DAYS OF FIRST USING THE SERVICES and request to opt-out.

16. Equal Housing Opportunity

It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex, familial status, and disability. A variety of other federal civil rights laws, including Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, prohibit discrimination in housing and community development programs and activities. If you are a landlord or housing provider, you are exclusively responsible for adhering to the Fair Housing Act and other applicable federal, state, or local laws which prohibit discrimination based on protected characteristics such as race, color, religion, sex, national origin, disability, familial status, and, where applicable, lawful source of income, including housing vouchers). Under no circumstances shall we provide guidance regarding compliance or otherwise assume liability for the Fair Housing Act or other applicable federal, state, or local laws.

IF YOU SUSPECT DISCRIMINATION

If you suspect you were subject to discrimination in housing or would like to file a complaint, you may call the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll-free number at 1-800-669-9777 (voice) or visit or contact a local HUD office. For a list of local HUD offices, visit HUD online at https://www.hud.gov/contactus/local.

17. Authorization for Background Check and the Fair Credit Reporting Act

If you are a prospective tenant, you hereby acknowledge and agree that by submitting a rental application with a landlord, or by approving a credit report or background check report, or any similar submission, that such application and/or submission, is not a guarantee of acceptance of your application for a rental unit.

We are not a credit bureau and do not control the content of credit reports. We are not responsible for the content of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the content of your credit report or background check report, please contact Experian by calling 888-397-3742 or logging on to https://www.experian.com/disputes/main.html.

The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request. Any credit report you request or receive from ShowMojo is not intended to constitute the disclosure of credit information required by the Fair Credit Reporting Act or similar state laws. A summary of your rights under the Fair Credit Reporting Act can be found here.

18. VantageScore Credit Score Notice

There are many scoring models used in the marketplace, each with its own set of factors and scale. In addition, information used, and the resulting credit scoring may be different than that used by a lender. ShowMojo utilizes the VantageScore® credit score as a scoring model. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company.

The VantageScore credit score is calculated using the applicant’s actual data from their credit file at the time ShowMojo’s requests it from a credit reporting agency. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about the applicant. How each lender weighs its chosen factors may vary, but the exact formula used to calculate the applicant’s credit score is proprietary. Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore credit score for each of the applicant’s credit files.

You agree to request VantageScore credit scores only for your use alone for the purposes certified to ShowMojo and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law or as otherwise set forth in your agreement with ShowMojo. VantageScore credit score is not an endorsement or guarantee of an applicant’s credit worthiness as seen by lenders.

VantageScore® is owned by VantageScore Solutions, LLC.

19. Investigative Consumer Reporting Agency Act (ICRAA)

If you are a California landlord requesting a credit or background check report on a prospective tenant, your use of the Services may be subject to the California Investigative Consumer Reporting Agencies Act, California Civil Code §1786, et seq. (“ICRAA”). By using the Services you agree to comply with the ICRAA and all applicable legal obligations. These include, but are not limited to:

  • Notifying the applicant in writing within three days of requesting an investigative consumer report;
  • Informing the applicant that such report may include information about their character, general reputation, personal characteristics, and mode of living
  • Providing the name and contact information for the consumer reporting agency that prepared the report;
  • Providing a summary of the applicant’s rights under the ICRAA; and
  • Certifying to the consumer reporting agency that you have delivered the relevant notice.

Additional information about your responsibilities under the ICRAA can be found here.

20. Further Legal Provisions

a. Force Majeure. ShowMojo will not be responsible for any delay or failure in performance of the Services or its associated products or services arising out of any cause beyond ShowMojo’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

b. Survivability. The representations, warranties, duties, and covenants made by you under these Terms of Use will survive the termination of these Terms of Use or the Services including, but not limited to, your duty to indemnify and defend ShowMojo.

c. Interpretation. These Terms of Use will be deemed to have been drafted by both parties, and the terms and conditions of these Terms of Use will not be interpreted against its drafter.]

d. Assignment. You are expressly prohibited from assigning your rights and duties under these Terms of Use. ShowMojo reserves the right to assign its rights and duties under these Terms of Use, including in a sale of ShowMojo or the Services. These Terms of Use will be binding on and inure to the benefit of both you and ShowMojo and each of our respective successors and permitted assigns.

e. Waiver and Integration. No term or condition of these Terms of Use or breach of these Terms of Use will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. No waiver or other default by either you or us of any term or provision of these Terms of Use will affect such party’s rights thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.

f. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms of Use shall be unimpaired and remain in full force and effect.

f. Relationship; No Third Party Beneficiaries. Each Party is an independent contractor and each Party’s personnel are not employees or agents of the other Party for federal, state, local or other tax purposes or any other purposes whatsoever. Personnel of one Party have no authority to make representations, commitments, bind or enter into contracts on behalf of or otherwise obligate the other Party in any manner whatsoever. Nothing in these Terms of Use shall be construed or deemed to constitute, create, give effect to or otherwise recognize a joint venture, partnership, business entity of any kind, nor constitute one Party an agent of the other Party. Further, and for the avoidance of doubt, (i) Company shall be solely responsible for the timely payment and withholding of all income, employment and other taxes related to its business and the provision of the Services and Deliverables in accordance with applicable laws, rules and regulations and (ii) there are no third party beneficiaries, actual or intended, under these Terms of Use,

g. Headings; Interpretation. The section headings and subheadings contained herein are for the convenience of the parties only and will not be interpreted to limit or affect in any way the meaning of the language contained in these Terms of Use. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.

h. Entire Agreement. These Terms of Use (together with the Commercial Agreement, as applicable) is the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, understandings or representations between the parties.

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