Terms of Use

Last Updated — March 21, 2024

Please read these Terms of Use (this "Agreement") carefully. This Agreement is a legal agreement between you and Keller Williams Realty, Inc. and its affiliates ("we," "us," "our," or "KWRI") governing your access and use of any website or mobile application provided by us from which you are accessing this Agreement (collectively, the "Services").

By registering an account, clicking or tapping any button or box marked "accept," "agree" or "OK", or by using the Services, you agree to this Agreement and any changes to it.

KWRI is a real estate franchisor. We license the use of our name to independently owned franchisees to operate real estate brokerage offices (each, a "Keller Williams® Market Center"). Catalyst Partners operates independently owned and operated Keller Williams franchise offices. This Agreement does not apply to any products or services offered or provided to you by a Keller Williams® Market Center or their KW® Agents.

This Agreement contains a mandatory arbitration provision that requires use of arbitration on an individual basis to resolve disputes, rather than jury trials, class actions, or class arbitrations.

1. Effective Date

The "Last Updated" legend shows when this Agreement was last changed. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services. Subject to applicable laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required to use the Services.

2. License to Use the Services

Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive license to use the Services for your personal use only, unless we agree otherwise. The Services, and all their elements, are owned by us or licensed to us by third parties. We and our third-party licensors retain all right, title, and interest in the Services, including all patent, copyright, trademark, and trade secret rights therein.

3. Registration; Usernames and Passwords

You may have to register an account with us to use the Services. You may need to provide your name, email address, username, password, and other registration information. Your username and password are for your personal use only and must be kept confidential. You are responsible for the security of your account and all actions associated with it.

We may use telephonic or electronic means to communicate with you when you use the Services. You consent to receive communications from us in electronic form and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

4. Prohibited Conduct

You may not use the Services to:

• Violate any applicable law or regulation
• Infringe any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right
• Transmit any unsolicited commercial communications
• Upload or transmit viruses or malicious code
• Collect or harvest any personally identifiable information from the Services
• Use the Services for any fraudulent or deceptive purpose
• Interfere with the operation or security of the Services

5. Intellectual Property

The Services and all content within them, including but not limited to text, graphics, logos, images, and software, are the property of KWRI or its content suppliers and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works without our express written permission.

6. Third-Party Content and Services

The Services may contain links to third-party websites or services that are not owned or controlled by KWRI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KWRI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KWRI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

9. Indemnification

You agree to defend, indemnify, and hold harmless KWRI and its affiliates, officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the Services; (b) your violation of this Agreement; or (c) your violation of any third-party rights.

10. Governing Law

This Agreement and any disputes arising from it shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Travis County, Texas, and the parties consent to the personal jurisdiction of such courts.

11. Arbitration

Any dispute arising from or relating to this Agreement or the Services shall be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator must follow this Agreement as a court would.

12. Changes to Services and Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will provide notice of material changes by posting the new Agreement on the Services. Your continued use of the Services after any change constitutes your acceptance of the new terms.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, if you breach this Agreement. Upon termination, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive.

14. Contact Information