Please read these Lead Forms Terms of Service (this “Agreement”) carefully. This Agreement is a legal agreement between you and Keller Williams Realty, Inc. (“we,” “us,” “our,” or “KWRI”) governing any information (including Personal Information) you submit to us or a KW® Agent through a third-party lead form from which you are accessing this Agreement (each, a “Lead Form” and collectively, the “Lead Forms”). The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.
By clicking or tapping any button or box marked “accept,” “agree,” “OK,” or “Submit” (or any other similar wording), or by submitting a Lead Form, 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”). These Keller Williams® Market Centers are not owned or controlled by KWRI and are not authorized to act on KWRI’s behalf. Keller Williams® Market Centers enter relationships with real estate agents who are their independent contractors (each, a “KW® Agent”). These real estate agents are not employed or controlled by KWRI and are not authorized to act on KWRI’s behalf.
This Agreement does not apply to any products or services, including any real estate brokerage or ancillary services, offered or provided to you by a Keller Williams® Market Center or their KW® Agents (collectively, the “Other Services”), regardless of whether the Other Services were initiated by your submittal of a Lead Form or directly with a Keller Williams® Market Center or their KW® Agent(s). Please consult with our Keller Williams® Market Centers or their KW® Agents, as applicable, to learn more about any terms and conditions that apply to their provision of the Other Services.
This Agreement contains a mandatory arbitration provision that, as described in Section 6 below, requires use of arbitration on an individual basis to resolve disputes, rather than by jury trials or any other court proceedings, 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 on a website of ours.
2. Communications. By submitting a Lead Form, you: (a) consent to receive communications, including notifications, from us and KW® Agents in an electronic form; (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hard copy writing; (c) authorize a KW® Agent to contact you about real estate products or related services at the telephone number and email address you provided, even if your number is on a federal, state, or internal Do Not Call list, and to send marketing calls and texts to you using an automated system for selection or dialing of numbers or pre-recorded or artificial voice messages that relate to real estate products or services; and (d) agree that the applicable KW® Agent and their Keller Williams® Market Center (and not KWRI) will be responsible or liable for any claims, losses, or damages you suffer arising out of or relating to a KW® Agent contacting you at the telephone number or email address you provide on a Lead Form, subject to Section 4. With respect to (c) in the immediately preceding sentence, your consent is not required to purchase products or services and you may unsubscribe at any time.
3. Lead Form Information. With respect to the information you provide to us through a Lead Form submittal, you represent, warrant, and covenant to us that:
- You are the individual identified by the information you provide on the Lead Form, or you have all necessary rights and permissions to provide the information entered on a Lead Form;
- You are the account holder for the telephone number(s) and/or email address(es) you provide, or you have authorization from the account holder(s) to provide consent for such telephone number(s) and/or email address(es);
- The information you provide is and will remain accurate and complete, and you will maintain and update the information as needed; and
- You have all necessary rights and permissions to authorize the processing of such information under this Agreement.
4. Limitation of Liability. NEITHER KWRI, NOR ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING FIFTY DOLLARS ($50.00), WHETHER ARISING OUT OF, RELATING TO, OR RESULTING FROM THIS AGREEMENT OR A LEAD FORM. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Termination. This Agreement is effective until terminated. We may terminate this Agreement at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.
6. Governing Law; Dispute Resolution; Class Action Waiver. This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY.
In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the Dispute. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties.
If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation shall be in Austin, TX U.S.A. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute following mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Austin, TX U.S.A.
Time is of the essence for any arbitration under this Agreement and all arbitration hearings shall take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment. In making determinations regarding the scope of exchange of electronic information, the arbitrator and the Parties shall be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys’ fees). Except as may be required by applicable law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses.
YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
7. Information or Complaints. If you have a question or concern regarding a Lead Form, please contact the applicable KW® Agent. If you are unable to contact the applicable KW® Agent, please complete and submit the form located here: https://headquarters.kw.com/contact-us/. You may also contact us by calling us at (512) 306-7191. Please note that all electronic communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your electronic correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
8. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either Party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to a website of ours or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.