These Awning Terms of Use and the Awning Privacy Policy are effective as of June 12th, 2020. Your continued use of the Services constitutes your acceptance of these updated policies. Welcome to awningcre.com. This website and the Awning Applications (as defined below) (the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by Awning CRE, Inc., headquartered at 1235D Howard St. San Francisco, CA, 94103 ("Awning").

PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 14) AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE.

These Terms of Use (“Terms”), which include the MLS Terms of Use and Privacy Policy, serve as the "Agreement" between you and Awning regarding the Services, and provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services. If you want to list your property with an Awning Agent or Awning Partner Agent, or buy a property with an Awning Agent or Awning Partner Agent, then you will need to enter into a listing agreement or buyer agreement to become an Awning Client; these agreements are not covered here.

1. Permissible Use of the Awning Services.

A. Who can Use the Awning Services. You must be: 1) at least the age of majority in the state where you live to use the Services. If you are under 13 years old, do not use the Services.

B. Consent to follow MLS Rules. Unless you are a licensed real estate agent (“Agent”), you agree to the MLS Terms of Use and:

  • to use the Services only for your personal use or for commercial uses intended only for your personal benefit;
  • that you are entering a lawful consumer-broker relationship with Awning as defined by applicable state law;
  • you have a bona fide interest in the purchase, sale, or lease of real estate on the Awning website, and;
  • that you will not copy, redistribute or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.

C. Commercial Use. Non-Awning Agents may only make commercial use of the Services by posting listing information about their or their client’s property (e.g., posting or updating a client’s residential real estate listing) or by partnering with Awning as an Awning Partner Agent.

D. No Copying, Distributing or Creating Derivative Works. You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.

E. No Scrubbing or Scraping. Publicly available search engine providers may crawl or query the Services only for the purpose of creating an index with links to the Services’ web pages to generate web search engine results. All other automated queries of the Services (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) is strictly prohibited, unless you have received express written permission from Awning.

F. No Right to Reproduce. Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.

2. Submitting Content to the Services.

A. Permissible Submissions. You may submit feedback, ideas, reviews, comments, property information, listing information, photos, or other content to the Services (collectively "Submissions"). All Submissions must comply with this Agreement. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate this Agreement or the rights of any third party. You are solely responsible for your Submissions. Awning may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store or display Submissions. Awning may modify or remove your Submissions at any time in its sole discretion.

B. Listing Submission Guidelines. Listings may only be posted to, or updated on, the Services by the owner of the listed property (e.g., a For Sale by Owner listing) or by the contracted, exclusive listing Agent for such listing. Awning may require that you provide proof you are the owner of the subject property, or that you have an exclusive right to post or advertise the listing (e.g., by requiring a copy of the listing agreement). If Awning is unable to verify that you are the property owner or are the contracted exclusive listing Agent, Awning may remove the listing.

If you are an Agent providing a listing to the Services, you hereby acknowledge and agree that:

  • the owner of the property that is the subject of your Submission has authorized you to post the listing to the Services and doing so doesn’t violate any term of your agreement with, or legal duties owed to, the owner of the property;
  • your broker has authorized you to post the listing to the Services and doing so does not violate any term of your agreement with, or legal duties owed to, your broker;
  • you have complied with all relevant laws, regulations, and policies, including those overseen or enforced by the applicable real estate licensing regulatory authorities, the applicable MLS and/or Association of REALTORS©;
  • you are only submitting information that you know to be true and accurate, and you will update the Services immediately if you become aware that information included in your Submission is or becomes untrue or inaccurate.

C. Awning's License to Use Your Submissions. For every Submission you post or otherwise provide to Awning in connection with the Services, you grant Awning a perpetual, irrevocable, unlimited royalty-free worldwide license to (a) use, copy, distribute, display, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Awning will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Awning the rights in this paragraph, that Awning's use of the Submission will not infringe any third party rights and that the Submission complies with this Section 2. You agree that Awning may promote and market Submissions made through your user account(s). You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.

D. Disclaimer of Responsibility for Submissions. Awning takes no responsibility and assumes no liability for any Submissions posted by you or any third party. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. AWNING IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON AWNING.

3. Registration and Account Use.

By registering for an Awning account you are entering into this Agreement. You are responsible for all activities related to the Services that occur through your account. It is your responsibility to keep your Awning profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. Awning reserves the right to terminate accounts in its discretion. Awning will treat your use of the Services in accordance with its Privacy Policy.

4. Awning Applications.

Awning offers the Services through applications built using the Awning platform (“Awning Applications”). You acknowledge you are responsible for all charges and necessary permissions related to accessing Awning and its Services through your mobile access provider.

5. How Awning May Communicate with You.

For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about properties you might be interested in), you agree that Awning may communicate with you, including through automated systems such as an automatic telephone dialing or text messaging system, using the contact information associated with your Awning account or Awning Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Awning has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for property tours, real estate agent contact, help selling or buying a property or other requests. By making those requests, you authorize Awning to share your personal information. Awning will not send you text messages for telemarketing purposes without receiving your prior express consent through a separate written agreement.

6. Third Party Sites and Linked Materials.

Awning may include links to third party websites (“Third Party Sites”) in its Services. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Awning is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.

7. Intellectual Property Ownership and License.

A. Copyright. All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Awning or are licensed by Awning for use on the Sites. Our site features Google Maps, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

B. Trademarks. Awning, the Awning logos and other Awning trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Awning in the U.S. and/or other countries. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with Awning may be the trademarks of their respective owners.

C. Data. The MLS Data on our Sites is the property of the individual MLSs providing the data. These MLSs have granted Awning the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data.

D. Other Intellectual Property. Awning also owns trade secrets and know-how that contribute to the functionality of the Services.

E. Restrictions. Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the Awning name or trademarks without our specific permission. We may revoke your permission to access and use the Sites or Services, and we may block or prevent you from accessing the Sites or Services, in our discretion without notice. If you violate this Agreement, your permission to access and use the Sites or Services is automatically revoked.

F. Reservation of Rights. Except for the limited license granted above, Awning reserves all of its intellectual property rights in the Sites and Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.

G. Information Aggregation. Awning is not responsible for any errors in displayed information or delays in displaying information. All information provided on the Services is either transmitted to Awning from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Awning by sending feedback but it is likely that such information accuracy cannot be corrected by Awning and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.

8. Termination.

You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you’d like to deactivate your account, please visit your Account Settings or contact Customer Service. Awning may terminate this Agreement or your account at any time, with or without notice.

9. Indemnification.

To the fullest extent permissible under applicable law, you agree to indemnify Awning and hold Awning harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Awning Sites or using the Awning Services.

10. Disclaimers.

AWNING PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AWNING DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AWNING AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY AWNING OR ANYTHING RELATED TO AWNING OR ITS SERVICES, YOU MAY DEACTIVATE YOUR AWNING ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. AWNING IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH AWNING TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. AWNING DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, AWNING DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. AWNING DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AWNING DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AWNING DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL AWNING OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST AWNING OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

12. Release.

You release Awning, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

13. Agreement to Arbitrate and Class Action Waiver.

A. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Awning (each a “Claim” and collectively “Claims”), you and Awning agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, with an email copy to the email address you have provided to Awning. Awning’s address for such notices is: Awning Legal Department, 1235D Howard St., San Francisco, CA, 94103. If necessary to preserve a Claim under any applicable statute of limitations, you or Awning may initiate arbitration while engaging in the informal negotiations.

B. Binding Arbitration and Class Action Waiver. It is hereby acknowledged and agreed that this Section 13 is governed, in all respects, both procedurally and substantively, by the Federal Arbitration Act. You and Awning agree to submit to mandatory binding arbitration any and all claims arising out of or related to the relationship between the parties, this Agreement and the termination thereof that may be compelled to arbitration under this Agreement as a matter of applicable law (collectively, “Claims”). Claims covered by this Section 13 include all claims under any federal, state, or local laws, except individual claims brought in small claims court as described below.

Further, except as noted below, to the fullest extent permitted by law you and Awning agree that no class, collective, aggregate, or representative actions can be asserted in arbitration or otherwise (“Class Action Waiver”). All Claims must be brought solely in your or Awning's individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding.

SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY SUCH CLAIMS BETWEEN THEM.

If the Class Action Waiver, or any other provision of this Section 13 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that happens, however, the arbitration provisions in this Section 13 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.

Nothing in this Section 13 precludes any party from filing or participating in administrative proceedings before state or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a claim in court, the party must do the same before submitting a claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.

This Section 13 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 15 further does not prevent any party from filing any claim that otherwise qualifies in small claims court on an individual basis.

C. Equitable Remedies. Except for individual claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any claim asserted by You or Awning, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that You or Awning prevail on a claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

D. Rules and Logistics Governing Arbitration. The arbitration shall be conducted through JAMS before a single neutral arbitrator mutually selected by the parties, or, if they cannot agree, pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The arbitrator shall also have the sole and exclusive authority to determine the enforceability, interpretation, and implementation of this Agreement, as well as the arbitrability of disputes under this Agreement, except that the enforceability and interpretation of the Class Action Waiver shall be decided solely by a court of law having jurisdiction over the issue. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based.

Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. When initially filing an arbitration with JAMS you will be required to pay a $250 filing fee. If you cannot afford this fee, Awning will reimburse you for it. Awning will pay any other costs unique to arbitration, including the Arbitrator’s fees.

A demand for arbitration must be in writing and delivered by hand or first class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to Awning Legal Department, 1235D Howard St., San Francisco, CA, 94103. Any demand for arbitration made by Awning shall be provided to the last address on file with Awning. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.

In arbitration, the parties will attempt to agree on the procedural rules to be used to govern the arbitration proceeding to the extent such rules are not already set out in this Agreement, subject to approval by the arbitrator. If the parties cannot reach such an agreement, JAMS Rules shall apply. In all cases, the parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, consistent with the expedited nature of arbitration, and any disputes in this regard shall be resolved by the arbitrator. In all cases, you may choose to have the arbitration proceeding conducted in the jurisdiction in which you reside, at another mutually agreed upon location, or entirely by phone.

Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator’s award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.

A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.

B. Notices. You may contact us at legal@awningcre.com. Or via mail or courier at: Awning Corporation ATTN: Legal Department, 1235D Howard St. San Francisco, CA, 94103.

C. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Awning regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Awning services.

D. Amendments to This Agreement. We reserve the right to modify, supplement, or replace the terms of this Agreement. We will notify you of any material changes to the Agreement before they take effect so that you can decide whether to continue using the service. If you do not want to agree to changes to this Agreement before the changes take effect, you can terminate this Agreement at any time per Section 9 (Termination)

E. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

F. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any other purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Awning for any third party that assumes our rights and obligations under this Agreement.

G. Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and Awning, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.

H. Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

I. International Matters. Awning is controlled and operated from Awning's United States offices in California. We make no representation that the Services are appropriate or available for use in any particular country or location. Those who choose to access Awning do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from Awning, is further subject to United States export controls. No Services, including software from Awning, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.

MLS Terms of Use

Before we can show you pictures and prices of sold properties, or show you comments on active listings from Awning Agents, our MLS data providers require you to acknowledge that you're considering Awning as your real estate agent.

We know that sounds sort of scary but remember: you have no obligation to work with an Awning Agent to buy or sell a property. You can choose to work with us or not.

Before proceeding to view the content made available through the Services, you must acknowledge:

  • You are entering into a lawful consumer-broker relationship with Awning as defined by applicable state law. You have no obligation to work with Awning and you can terminate your account with Awning any time. Any information you obtain from the Awning website is intended for your personal, non-commercial use.
  • You have a bona fide interest in the purchase, sale, or lease of real estate on the Awning website.
  • You have complied with all relevant laws, regulations, and policies, including those overseen or enforced by the applicable real estate licensing regulatory authorities, the applicable MLS and/or Association of REALTORS©;
  • You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
  • You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
  • Awning also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access Awning's website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on Awning's site.

Information from MLS sources is deemed reliable but not guaranteed.