TERMS OF SERVICE
1. ACCEPTANCE OF TERMS / DESCRIPTION OF ALL PARTIES INVOLVED AND SERVICE
KWKLY LLC, hereafter referred by the business name of “KWKLY”, provides its service subject to the following Terms of Service ("TOS"). You can review the most current version of the TOS at any time at: http://www.kwkly.com/TermsofService2.aspx All such guidelines or rules are hereby incorporated by reference into the TOS. End Users texting in to KWKLY to get information will be referred to as “End User”. Users of KWKLY’s website to input data on listings, whether they be realtors, sellers, or another representative or agent will be referred to as a “Listing Party”. The website and the SMS text messaging will be referred to as the “Service”.
2. DESCRIPTION OF PRODUCTS
KWKLY is a mobile marketing business that seeks to provide property information to potential homebuyers with text messages. KWKLY signs hanging on a property’s “For Sale” sign will have unique keywords which can be texted to KWKLY (59559) to receive pertinent information on the property. KWKLY does not use premium rate text messaging however standard text messaging rates do apply.
You agree that the Service may include certain communications from KWKLY to you via email, such as service announcements and administrative messages, and that these communications are considered part of the KWKLY services. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You are responsible for obtaining access to the Service and that access may involve third party fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. Updates to the TOS will be sent via e-mail. It is the Listing Party’s responsibility to review the new TOS upon notification.
3. FEES FOR USE
KWKLY reserves the right to charge a fee for the printing of the rider signs. Fees collected for rider signs will be paid by credit card at KWKLY.com and the credit card will be billed immediately. KWKLY will ship signs through first-class mail. No shipping services will be provided.
Promotional prices are no indication of the future price of KWKLY products.
Standard rates apply to all End Users sending and receiving text messages.
KWKLY requires no time commitment from Listing Parties. Listing Parties may keep their account open indefinitely.
4. SIGNS
KWKLY keywords are owned by KWKLY. Any misuse of a keyword will immediately result in suspension of the account. It is the sole discretion of KWKLY if a keyword(s) needs to be disabled. No justification need be provided to the Listing Party.
In no situation will KWKLY refund rider signs after the sign has been shipped.
6. OPT-IN PROCEDURE
If the incorrect information is sent to an End User there will be no refund or compensation for costs associated with delivering the text messages to include standard rate charges or other charges imposed by the carrier.
7. OPT-OUT PROCEDUREEDURE
KWKLY is not a subscription service; however KWKLY messages will provide the End User with a means of stopping text messages on a specific keyword. These instructions will be found in the content of each message.
8. FORWARDING PHONE NUMBER INFORMATIONION
After receiving the property information, KWKLY will send a message asking if the End User would like more information from the Listing Party. If the End User replies in the affirmative their phone number will be sent via text message or e-mail to the Listing Party (realtor, agent, or seller). End Users that do not respond to the request to be contacted will have their phone number protected from being called. Listing Party and End User agree not to hold KWKLY responsible for the lack of communication between parties. KWKLY will supply the phone number of the End User to the Listing Party, however, KWKLY cannot ensure that the Listing Party will follow up with a phone call.
Listing Parties agree to receive a text message or e-mail instantly from KWKLY with the phone number of the End User that requested additional information on the property. The responsibility to return the call to the End User is the Listing Party. The Listing Party may choose to receive leads instantly through e-mail instead or in conjunction with the text messages.
9. KWKLY PRIVACY POLICY ICY
KWKLY requires certain information to provide its service, such as credit card numbers, cell phone numbers and billing addresses. KWKLY will never release your information to anyone for any reason without prior approval by you, unless required by law. As part of its service, KWKLY collects the phone numbers of prospective buyers that access information via text message (SMS). The phone numbers collected by KWKLY will never be shared with other users of the system, other than administrators, nor will they be distributed outside the system, unless required by law. KWKLY will never market these phone numbers under any circumstances whatsoever.
10. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KWKLY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KWKLY cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
11. MEMBER CONDUCT
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Listing Parties agree to post correct information for all listings and that inaccurate or misrepresentation of any information on your listing will result in suspension of your account.
You acknowledge that KWKLY may or may not pre-screen content, but that KWKLY and its designees shall have the right (but not the obligation) to review all content on the Service. KWKLY shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge, consent and agree that KWKLY may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for End User service; or (e) protect the rights, property, or personal safety of KWKLY, its users and the public.blic.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by KWKLY and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Listing Parties agree that when a property listed with KWKLY goes under contract the status of the listing will be updated to “Under Contract”. When a property has sold the Listing Party should replace the listing with another property. KWKLY is not responsible for sign location. Listing Parties agree to use the sign only for real estate and for the property that was inputted in the website.
12. INDEMNITY
You agree to indemnify and hold KWKLY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, failure of another party’s compliance with the TOS, your violation of the TOS, or your violation of any rights of another.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
14. MODIFICATIONS TO SERVICE
KWKLY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KWKLY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. TERMINATION
You agree that KWKLY may, under certain circumstances and without prior notice, immediately terminate your KWKLY account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your KWKLY account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in KWKLY’s sole discretion and that KWKLY shall not be liable to you or any third-party for any termination of your account or access to the Service.
16. KWKLY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by KWKLY, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KWKLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KWKLY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KWKLY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KWKLY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KWKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
19. NO THIRD PARTY BENEFICIARIES
There shall be no third party beneficiaries to this Agreement.
20. TRADEMARK INFORMATION
KWKLY grants you permission to use the KWKLY logo on advertising brochures, sign riders and other real estate-oriented marketing campaigns. All other uses not associated with improving your real estate business are expressly prohibited without the prior approval of KWKLY.
21. GENERAL INFORMATION ON
The TOS constitutes the entire agreement between you and KWKLY and governs your use of the Service, superseding any prior agreements between you and KWKLY with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and KWKLY shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and KWKLY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, Florida. You agree to mediation as the first method of dispute resolution.
Waiver and Severability of Terms. The failure of KWKLY to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. QUESTIONS
All questions about KWKLY TOS should be directed to: 954-467-9001 8am – 6pm EST or postmaster@kwkly.com.
23. VIOLATIONS
Please report any violations of the TOS to us in the “Contact Us” tab.
18% of homebuyers
found their home in
2008 from a yard sign
found their home in
2008 from a yard sign
Amongst those
between ages 20-48
50% own a smart phone
EWM (HSA Division - RT Rank #2)
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Coldwell Banker Adv, NC (RT Rank #243)
@properties (Real Trends Rank #42)
Gibson Sotheby's (RT Rank #178)
Windermere San Diego (8 offices)
Remax Alliance (RT Rank #19)
Avery Hess Realtors (RT Rank#241)
Remax 5 Star
Birchler Realtors
Daniel Gale Sotheby's (RT Rank#62)
Prudential Ultima (RT Rank #125)
Intero RE (RT Rank#26)
Remax TX Heritage
KW Treasure Coast (RT Rank #580)
Comey & Shepherd (RT Rank #115)
Remax Platinum Realty
Keller Williams Advantage (RT Rank #289)
Chinowth & Cohen Realtors (RT Rank #220)
Coldwell Banker Adv, NC (RT Rank #243)
@properties (Real Trends Rank #42)
Gibson Sotheby's (RT Rank #178)
Windermere San Diego (8 offices)
Remax Alliance (RT Rank #19)