Terms and Conditions
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of https://www.kwnyhomes.com (“Keller Williams Landmark”) and all Services referred to in Section 2, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
“Services” consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to real estate partnering services, agent communication services, email communications, telephone calls, text messages, and other electronic or automated communications. Unless stated otherwise, the Services are for your personal and non-commercial use only.
The Services are not intended for use by individuals under the age of 13. By registering for or using the Services, you represent and warrant that you are at least 13 years of age and that you will not permit any person under the age of 13 to access or use the Services.
PLEASE READ THIS SECTION CAREFULLY. DO NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES IF YOU DO NOT AGREE.
By accessing the Website, submitting a contact form, providing your contact information, or registering a user account, you expressly consent to be contacted by Keller Williams Landmark using automated technology, including but not limited to automated dialing systems, prerecorded or artificial voice messages, autonomous or AI-generated calls, text messages (SMS/MMS), emails, and other computer-generated communications.
You acknowledge and agree that your consent is not a condition of purchase or receipt of services, and that Keller Williams Landmark may contact you even if your telephone number is listed on a federal or state “Do Not Call” registry. Message frequency may vary. Message and data rates may apply.
3 PRIVACY POLICY
Our Privacy Policy is incorporated herein by reference and can be found at https://www.kwnyhomes.com.
4 USER ACCOUNT, PASSWORD AND SECURITY
In order to use the full functionality of the Services, you may be required to create a user account. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
5 ACCEPTABLE USE
5.1 For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, and other materials made available via the Services.
5.2 You represent that you are the owner of any Content you upload and that it does not violate the intellectual property rights of any third party.
5.3 In using the Services you agree not to:
Post material that is defamatory, obscene, threatening, or unlawful.
Upload files containing viruses or corrupt data.
Advertise goods or services without prior authorization.
Impersonate others or engage in "phishing."
6 TERMINATION
We reserve the right to immediately and without notice suspend or terminate your account or any of the Service if we reasonably believe that you have violated these Terms and Conditions.
7 LINKS TO THIRD PARTY WEBSITES
The Services may include links to third party websites. Any link to other websites is not an endorsement, and we are not responsible for the content or availability of any such sites.
8 COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or your country of residence, including Export Laws and Privacy Laws (such as CalOPPA).
9 INTELLECTUAL PROPERTY RIGHTS
The Website and its content are protected by copyright, trademarks, and other intellectual property laws. None of the content may be downloaded, copied, or distributed without the prior written consent of the copyright holder, except for personal, non-commercial use.
10 INDEMNITY
You agree to indemnify and hold Keller Williams Landmark harmless from and against any and all Claims and Damages arising from your breach of these Terms or your use of the Services.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 "Claim" and "Damages" include all legal fees and costs resulting from a breach of these terms. 11.2 WARRANTY DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTY, EXPRESS OR LIMITED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11.3 We are not liable for any damages arising from lost or altered transmissions or unauthorized access to your data, except in cases of our gross negligence. 11.4 In no event shall we be liable for any special, incidental, or consequential damages (including lost profits) arising out of the use of the Services. 11.5 You acknowledge that the Services are not guaranteed to be secure or free from viruses. Use of the Services is at your own risk. 11.6 Nothing in these Terms shall limit liability for death or personal injury resulting from our negligence.
12 SEVERABILITY
If any of these Terms and Conditions should be determined to be invalid or unenforceable, such Term shall be severed, and the remaining Terms shall survive and remain in full force and effect.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which Keller Williams Landmark maintains its headquarters.
SMS DISCLOSURE
Opt-in leads can expect to receive information on their inquiry from Keller Williams Landmark.
You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS.
Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to https://www.kwnyhomes.com.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply. Message frequency varies.
For privacy-related inquiries, please refer to our privacy policy.
