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While using HiCentral MLS provided SentriLock Bluetooth Lockbox for your MLS listing, you ("participant") must comply with the following requirements:
- Assignment of Lockbox. Lockbox must be used for assigned listing only. If you wish to reassign the lockbox to a new listing, email your request to "lockbox@hicentral.com."
- Security of Lockbox. Maintain security of the SentriKey app from an unauthorized person having access to SentriLock lockbox. Do not give mobile access code or 1-day code to client or unauthorized person.
- Protection of Lockbox. Do not attach the Lockbox to a water pipe, faucet, or other areas where the lockbox is exposed to running water. Avoid placement on the ground with possible water exposure. The lockbox is water-resistant, not waterproof.
- Lockbox Identification. You can label/tag the lockbox for easy identification. Please remove and clean the lockbox before returning.
- Lockbox Return. When listing status changes to "sold, withdrawn, or expired," the lockbox returns to the exact pickup location within five (5) business days. Failure to return lockboxes will result in a replacement fee.
- Condition of Lockbox. Return Lockbox in the condition you received it. Clean/wipe Lockbox before returning to the pick-up location. Report any damage, operational problems, and/or irregularities. The agent is not responsible for everyday wear and tear due to daily use or damage caused outside the agent's control.
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Assumption of Risk, Waiver, and Release of Liability. I, the undersigned "Participant," as a conditional use owner of SENTRILOCK BLUETOOTH LOCKBOX (the "Lockbox") in connection with listing in (HICMLS Listing), under the MLS Lockbox Lending Program Use Services of HICMLS, have agreed to take possession and conditional use ownership of the Lockbox according to the terms and conditions set forth in the Conditions of Use Form. Which is incorporated herein by reference. I acknowledge, understand, and agree that I will be the Lockbox owner during the Term of Ownership as set forth in the Conditions of Use.
In exchange for the participation, use, and ownership of the Lockbox during the Term of Ownership, I hereby knowingly and voluntarily (i) take full responsibility for the Lockbox; (ii) assume all risks; and (iii) waive any and all rights, claims, suits, or actions of any kind whatsoever against HICMLS, including its directors and officers, employees and agents, arising out of my participation, use, and ownership of the Lockbox. I further agree to indemnify, defend, and hold HICMLS, including its directors and officers, employees, and agents, harmless against any and all claims, suits, or actions of any kind whatsoever, for liability, damages, compensation, or otherwise that may arise in connection with said Lockbox during the Term of Ownership.
I hereby affirm that I have carefully read this Agreement and fully understand that it is a release of liability, meaning that I give up all my rights to hold HICMLS, including its directors and officers, employees, and agents, liable for any injury or damages related to my participation, use, and ownership of the Lockbox during the Term of Ownership.
I agree that this Agreement is clear and unambiguous. I acknowledge that I have had a chance to review this Agreement with my attorney and that this Agreement should not be construed against HICMLS as drafters of this Agreement. In the event that any provision contained within this Agreement is deemed invalid or severable, or if any term, condition, phrase, or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. This Agreement shall be construed and enforced under the laws of the State of Hawaii. Any disputes arising hereunder shall be resolved by mediation if possible, otherwise by binding arbitration under the rules and guidelines of Dispute Prevention & Resolution (Hawaii).
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