Keller Williams Realty, Inc. ("KWRI") has developed a password-protected, secure intranet training Website (the "Intranet") that allows our franchisees and their independent contractors ("Associates") and employees to view, download and print all or portions of confidential documents and materials, to download approved advertising materials, to communicate with us and others, and to perform other functions that pertain to the operations of our franchisees, Associates and their businesses. Below are the terms and conditions of use for KWRI's Intranet ("Terms of Use"). Please read and review them carefully. By using and accessing the Intranet, you expressly acknowledge that you have read, understand and agree to be bound by the Terms of Use. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE INTRANET. KWRI reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. By using the Intranet after we have posted the modifications, you agree to be bound by the revised Terms of Use.
You will receive your user ID and password from KWRI. You will be required to change your password periodically. Please protect the confidentiality of your user ID and password. Your user ID and password are unique to you. You should not use another person's user ID and password to access the Intranet or allow another person to use your user ID and password. Please memorize your user ID and password. If necessary, write them down, but do not record your user ID in the same place that you record your password. You are responsible for maintaining the confidentiality of your user ID and password and for all activities occurring under your user ID and password. Franchisees are also responsible for the use your employees and Associates make of their user IDs and passwords.
You agree to notify KWRI immediately of any unauthorized use of your user ID or password or any other breach of security that comes to your attention. You also agree to log out of your Intranet account at the end of each session. We are not responsible for any losses or damages arising from your failure to comply with the requirements set forth in this section.
We will record your user ID and password when we issue it to you. We also record each instance that your user ID and password are used to access the Intranet. We may also record time, duration and other details of your Intranet sessions. KWRI may collect IP addresses and other publicly available data associated with a Web resource request. When users request pages from KWRI sites, our servers log the data the users' browser freely sends to our servers and the associated log-in data. We will use IP addresses, log-in information and other information provided by the users' Web browser to identify a user when we feel it is necessary to enforce compliance with our site Terms of Use or to protect our service. KWRI may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be in violation of the Terms of Use or may be causing injury to or interference with any KWRI rights or property, other KWRI users or anyone else. KWRI may disclose or access account information when we believe the law requires it and for administrative or other purposes that we deem necessary. In addition, your first and last name will be transmitted with each message sent under your user ID.
As a condition of your use of the Intranet, you agree not to use the Intranet for any purpose that is unlawful or prohibited by these Terms of Use. We provide the Intranet only for exchanges of information and other uses directly related to KWRI's franchise system. You may use the Intranet only for purposes related to the operation of your franchise and not for personal or unrelated business. Any unauthorized use of the Intranet is expressly prohibited and we reserve the right to delete inappropriate material and to suspend the account of any person who uses the Intranet for an unauthorized purpose.
All messages, data, text, photographs, graphics, video or other materials or information transmitted via the Intranet (except for information that we post), whether posted for general viewing or transmitted privately ("User Content"), are the sole responsibility of the user ID from which an item of User Content originated. If you upload, post, email or otherwise transmit any User Content, you are responsible for its compliance with these Terms of Use. We are not responsible for the accuracy or reliability of User Content and are not responsible for any loss or damage resulting from use of User Content.
You agree not to use the Intranet to:
We reserve the right, in our sole discretion, to block or remove any objectionable User Content that you transmit available via the Intranet.
We store and preserve some User Content and may disclose it if required by law or if we believe disclosure is reasonably necessary. We may transmit and store your User Content over various networks, computer servers and through other technological means. We may modify your User Content to conform and adapt it to technical requirements of connecting networks or devices.
We will immediately suspend or terminate the rights of any user ID that we believe, in our sole discretion, is being used to disseminate SPAM or other unsolicited bulk email. In addition, because damages are difficult to quantify, you agree to pay us liquidated damages of $5 for each piece of SPAM or unsolicited bulk email transmitted under or otherwise associated with your user ID.
Keller Williams University is an internal department of KWRI responsible for the creation and publication of educational materials. The term "KWU Materials" means any materials or work product created by, owned by or licensed to KWRI, including educational publications and information contained on the Intranet, and all versions or upgrades or modifications to, and any replacements of, such materials or work product. KWU Materials are available to view and download through the Intranet. By viewing and downloading KWU Materials, you are expressly acknowledging and agreeing that the Licensee of your market center has entered into a KWU Materials License Addendum with KWRI. You agree to comply with the terms of your market center licensee's KWU Materials license addendum and any other conditions, standards, obligations or duties related to use of the KWU Materials that may be imposed by KWRI. You also agree to comply with these Terms of Use, including all provisions related to use of the KWU Materials.
KWRI is the copyright holder for all materials available through the Keller Williams University portion of the Intranet, except where otherwise noted. Materials excerpted from The Millionaire Real Estate Agent appear courtesy of The McGraw-Hill Companies. The Millionaire Real Estate Agent is copyright © 2003-2004 Rellek Publishing Partners, Ltd. All rights reserved. Material excerpted from SHIFT: How Top Real Estate Agents Tackle Tough Times appears courtesy of The McGraw-Hill Companies. SHIFT: How Top Real Estate Agents Tackle Tough Times is copyright ©2009 Rellek Publishing Partners, Ltd. All rights reserved.
Nothing in these Terms of Use should be construed as transferring copyright of any KWU Materials to any other party or as providing a copyright interest in the KWU Materials to any other party. User agrees not to remove or alter the KWRI copyright notice on the KWU Materials and not to print the KWU Materials in any manner that removes or obscures the KWRI copyright notice. User agrees to respect KWRI's copyright and to notify KWRI of any breach of its copyright or misuse of the KWU Materials.
While KWRI has taken due care in the preparation of the KWU Materials contained in and available through the Intranet, we cannot guarantee their accuracy. KWRI makes no warranties either express or implied with regard to the information and programs presented in the KWU Materials.
Access to the KWU Materials and use of the KWU Materials is limited to current Keller Williams Associates, franchisees and employees. Use of the KWU Materials must be connected to the operation of the real estate brokerage business of Keller Williams market centers. User agrees to immediately stop using the KWU Materials if he or she ceases to be a Keller Williams Associate, franchisee or employee.
The KWU Materials may not be redistributed in electronic form to anyone who is not a current Keller Williams Associate or employee. Redistribution in print form to non-Keller Williams Associates is permitted for recruiting or training purposes only. Users may not resell the KWU Materials or charge access for the KWU Materials. If user prints the KWU Materials for redistribution at a Keller Williams sanctioned recruiting or training event, he or she may recover reasonable print and distribution costs. No portion of the KWU Materials may be included in any product offered for sale or for distribution outside of KWRI without the express written permission of KWRI.
For the convenience of our associates and employees, KWRI has included links to our approved print vendors as part of the KWU portion of the Intranet. Use of these vendors is not required and is solely in the user's discretion. KWRI assumes no responsibility or liability for use of outside print vendors, regardless of whether a link to said vendor exists on the Intranet.
You grant us a royalty-free, perpetual, irrevocable, nonexclusive and fully assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all or any part of the User Content that you transmit and/or to incorporate it with and into other works in any form, media or technology.
We may suspend your password, your email account, or restrict other uses of the Intranet at any time. We may also remove and discard any of your User Content if you violate these Terms of Use. We may also terminate your account. Any violation or breach of these Terms of Use by a Franchisee, a Franchisee's employees or a Franchisee's independent contractors will be deemed a breach of the Franchisee's License Agreement. We shall not be liable to you or to any third party for any losses or damages resulting from the suspension or termination of your account.
The Intranet may provide links to or refer to other Websites or resources. We are not responsible for the availability or such external sites or resources. We do not endorse or assume any responsibility for the content, advertising, products or other materials on or available from such sites or resources. We shall not be responsible or liable for any damage or loss caused by or in connection with the use or reliance on any such external sites or resources.
KWRI provides the Intranet as a service and convenient tool for its franchisees, their employees and Associates. KWRI does not guarantee and is not responsible for the accuracy and completeness of information and provides information posted on the Intranet without warranties of any kind. KWRI assumes no responsibility for the timeliness, deletion, failure to deliver or failure to store any of your communications or settings. KWRI reserves the right at any time to modify or discontinue (temporarily or permanently) the Intranet or any of its features or content, with or without notice. You agree that we shall not be liable to you or to any third party for any losses or damages resulting from any use, modification, suspension or discontinuance of the Intranet.
You expressly understand and agree that KWRI shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from: (1) your use of or inability to use the Intranet, (2) unauthorized access to or alteration of your transmissions, data or other content, (3) statements or conduct of any third party on the Intranet, or (4) any other matter relating to the Intranet.
You agree to indemnify, defend and hold harmless KWRI and its officers, directors, employees and agents from and against any claims or demands, including reasonable attorneys' fees, made by any third party related to or arising out of User Content that you submit, post or transmit through the Intranet, your use of the Intranet or your violation of these Terms of Use.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Texas. Any action by your or any third party related to the Intranet or these Terms of Use shall be brought only in the State or Federal Courts of Travis County, Texas. By using the Intranet, you expressly consent to the jurisdiction of said courts. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found 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 these Terms of Use shall remain in full force an effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms of Use to Keller Williams Realty, Inc., Attn: Legal Department, at 1221 S. MoPac Expwy, Ste. 400, Austin, Texas 78746 or to legal@kw.com.