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As consideration for the right to search this website operated by (name of HMLS Participant) for
properties for sale or lease, I/We (“User”) agree to the following terms and conditions:
1. All data displayed on this website about properties for sale or lease are the proprietary asset of the
Heartland Multiple Listing Service, Inc. (“HMLS”). HMLS owns all Intellectual Property Rights in and
to such data, or the compilation of such data, including all copyright, patent, trade secret, or
trademark rights. User will not contest HMLS’ Intellectual Property Right claims, nor assist others in
doing so. User agrees that in the event User infringes upon HMLS’ Intellectual Property Rights in
the property data displayed on this website, HMLS’ remedies at law are inadequate, and that HMLS
is entitled to temporary and permanent injunctive relief to prohibit such an infringement.
2. User agrees that User is a bona fide potential purchaser or lessee of property in the market area
served by HMLS and (name of broker). User agrees that any search performed by User of
properties available for sale or lease utilizing this website is solely for the purpose of identifying
properties in which User has legitimate and bona fide interest in buying or leasing.
3. User agrees that User shall not use this website, or any of the property data accessible on this
website, for any commercial or business purpose. User shall not sell, loan, exchange, or license, or
otherwise retransmit the property data accessible on this website to any third party without the
express written permission of HMLS and (name of broker).
4. User waives any and all claims for damages of any kind against HMLS or (name of broker) by
reason of Users’ use of this website, or the property data available at this website, including, but not
limited to actual, punitive, special, or consequential damages, or lost profits or unrealized savings.
5. This Agreement shall be governed by the laws of Kansas. User agrees that any suit to enforce this
Agreement shall be brought in the state or federal courts having jurisdiction over Johnson County,
Kansas. User waives any objection to the personal jurisdiction of such courts.
6. In the event a judgment is entered against User in any action by or against User to enforce the
parties’ obligations under this Agreement, User shall pay the prevailing parties’ attorneys fees and
costs incurred in the prosecution or defense of such action.
7. User acknowledges and agrees that HMLS is a third party beneficiary of this Agreement and both
(name of broker) and HMLS shall each have the authority to enforce its terms against User.
Welcome to the Keller Williams Realty site (the "Web
site"). We will try to provide you with access to the
most comprehensive network of real estate related products/services
and related links to meet your needs. Please read our Terms
of Use (the "Terms") carefully before continuing
on with your use of this Web site. These Terms shall govern
the use of the Web site and apply to all Internet traffic
visiting the Web site. By accessing or using this Web site,
you agree to the Terms. The Terms are meant to protect all
of our Web site visitors and your use of this Web site signifies
your agreement with these Terms. IF YOU DO NOT AGREE WITH
THESE TERMS, DO NOT USE THIS WEB SITE. Keller Williams Realty
reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms at any time. Such modifications
shall be effective immediately upon posting. By using this
Web site after we have posted notice of such modifications,
alterations or updates you agree to be bound by such revised
Terms.
This Web site may contain links to other Web sites ("Linked
Sites"). The Linked Sites are provided for your convenience
and information only and, as such, you access them at your
own risk. The content of any Linked Sites is not under Keller Williams Realty’s
control. Keller Williams Realty is not responsible for,
and does not endorse, such content, whether or not RealtyGenerator
is affiliated with the owners of such Linked Sites.
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE
TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION, Keller Williams Realty
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Keller Williams Realty,
ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR
ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY
FOR YOUR CONVENIENCE AND INFORMATION ONLY. Keller Williams Realty
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE,
OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION
CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR
USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE
RISK. YOU (AND NOT Keller Williams Realty ) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER REALTYGENERATOR,
NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS),
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO
ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER
BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS
WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RealtyGenerator
AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE
UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS
APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT RealtyGenerator IS NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. IN SUCH JURISDICTIONS, RealtyGenerator’s LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Keller Williams Realty
and the Providers, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation by you of these
Terms.
These Terms are for the benefit of Keller Williams Realty
and its Providers, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers. Each of these
individuals or entities shall have the right to assert and
enforce these Terms directly against you on its or their own
behalf.
Unless otherwise specified, the content contained in this
Web site is presented solely for your convenience and/or information.
This Web site is controlled and operated by Keller Williams Realty.
Those who choose to access this Web site from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
These Terms shall be governed by, construed and enforced in
accordance with the laws of the state of Delaware, as they
are applied to agreements entered into and to be performed
entirely within such State. Any action you, any third party
or Keller Williams Realty brings to enforce these Terms,
or in connection with any matters related to this Web site,
shall be brought only in either the state or Federal courts
located in Delaware and you expressly consent to the jurisdiction
of said courts. If any provision of these Terms shall be unlawful,
void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
By entering your email and/or phone number you give Keller Williams Realty
and its clients permission to contact you. This means even
if you are on do not Spam and do not call registries we will
make an attempt to reach you. We assume you are requesting
information and that the first attempt in contact was made
by you not us, in the fact that you filled out our registration
form. We do not make the phone number field mandatory and
our clients will assume that if entered, you wish for them
to contact you. Same goes true from email, if you entered
you email address you give Keller Williams Realty and
its clients the right to contact you via email. All email
is opted out of by clicking the opt-out link at the bottom
of the correspondence.
The listing data on this site IS NOT intended to
be a representation of the complete Multiple Listing Service
data for any of our MLS sources. All listing information is
deemed reliable but not guaranteed.This site allows consumers
to search IDX (Internet Data Exchange) listings data provided
by several different sources. The information provided by
this website is for the personal, non-commercial use of consumers
and may not be used for any purpose other than to identify
prospective properties consumers may be interested in purchasing.
Some properties which appear for sale on this website may
not longer be available because they are under contract, have
sold or are no longer being offered for sale.
All information provided is deemed reliable but is not guaranteed
and should be independently verified. No reproduction, distribution,
or transmission of the information at this site is permitted
without written permission from the MLS participant. This
data and information is protected under Federal Copyright
laws. Federal law prohibits, among other acts, the unauthorized
copying or alteration of, or preparation of derivative works
from, all or any part of copyrighted materials, including
certain compilations of data and information. COPYRIGHT VIOLATORS
MAY BE SUBJECT TO SEVERE FINES AND PENALTIES UNDER FEDERAL
LAW. RealtyGenerator does not warrant, and expressly disclaims
any warranty, express or implied, with respect to the accuracy
of completeness of the information contained herein or any
performance or results that may be obtained from use of the
information contained herein.
DISCLAIMER / WARRANTY: Keller Williams Realty HAS NO CONTROL OVER
THE CONDITIONS UNDER WHICH BROKER MEMBER OR ANY OF THEIR RESPECTIVE
AGENTS, EMPLOYEES, CUSTOMERS, CONTRACTORS OR REPRESENTATIVES
USE THE LISTINGS AND DOES NOT AND CANNOT WARRANT, AND EXPRESSLY
DISCLAIMS ANY WARRANTY WITH RESPECT TO, THE ACCURACY OR COMPLETENESS
OF THE LISTINGS OR PERFORMANCE OR RESULTS THAT MAY BE OBTAINED
BY THEIR USE. THERE ARE NO WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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