By accessing our website or mobile applications (“Website”) you agree to be bound by the terms and conditions below (“Agreement”). This Agreement contains an agreement to arbitrate all Claims and disclaims warranties and liability. These provisions form an essential basis of the agreement between you and Keyzio. Read these provisions carefully and print out a copy for your records. If you do not agree to any of the below terms and conditions, do not use the Website.
Terms and Conditions for Website Users
By using the Website and inputting personal information the user understands that he or she may acquire cookies or other computer files that Keyzio uses to identify users.
We currently collect information such as pages visited, search parameters, geographic location information, and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers, and what kinds of homes and information our customers like to see.
1.1 Google Analytics
1.2 Google Maps
2. Information Sharing/Reselling
By using the Website and inputting personal information the user understands that Keyzio will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Keyzio takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking, or software errors.
3. 3rd Party Trademarks
3.1 Keyzio for iPhone®, iPad®, and iPod touch®
The Keyzio application is currently available for iPhone only. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
3.2 Keyzio for Android™
Keyzio may eventually be available for Android. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
4. Webscraping of Data or Content on Keyzio Is Not Allowed
Crawling the Keyzio.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Keyzio
5. Keyzio Community Guidelines
Welcome to the Keyzio Community. There are many features on our site that allow you to interact with other Keyzio users, be they buyers, sellers, or just those who love real estate. We are excited to have you participate. As with any community, we have a few house rules:
1. Be honest and respectful. Do not misrepresent who you are or post any misleading information in your profile. We do not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. We reserve the right to edit or remove any content that we determine, in our sole discretion, to be misleading or excessively controversial.
2. No solicitation. Real estate agents and other professionals are welcome here, but not to promote their services or solicit new clients. A licensed agent shall always disclose to a user at the first opportunity that they are a licensed real estate agent and shall only contact a Keyzio user if they have a bona fide reason for doing so (i.e. you have a client that may benefit from connecting with a Keyzio user).
3. No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
4. No Illegal or offensive posts. Any content that contain illegal, inflammatory, libelous, obscene or pornographic material will be removed. By law, we cannot tolerate any statements about the race, color, national origin, religion, sex, familial status, or disability level of potential buyers, roommates or neighbors.
5. No public posting of private information or other people’s unpublished contact information. This also includes communications from community administrators and moderators.
6. Moderation: We reserve the right to monitor content and delete any content that does not adhere to our rules, including content that is disparaging or insulting.
7. Have fun! This is your chance to connect and with friends, family, and other Keyzio users who are on their own real estate adventures.
Links provided on this Website are put there for the user’s convenience. Links may be directed to third-party content, meaning that Keyzio has no control over what is actually posted at the destination sites. Keyzio does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that Keyzio can review the content and make changes to links where necessary.
7. Registering an Account on the Website
By registering for a Keyzio account, you become a user of the Website and you are agreeing to the following terms and conditions:
7.1 No Agency Relationship. Unless otherwise agreed to in writing by all applicable parties, you understand that your use of Keyzio does NOT impose a financial obligation on you or create any fiduciary relationship or representation agreement between you, Keyzio, or the real estate professional with whom you may be collaborating with through Keyzio. You acknowledge that by accepting this Agreement, you are entering into a lawful customer/broker relationship with Keyzio, or the real estate professional that Keyzio may refer you to, and you understand and agree that any real estate brokerage service rendered to you by reason of your use of the functionality available to you on the Website are being rendered to you solely by Keyzio, or by the real estate professionals who are affiliated with Keyzio, and not by any other party, whether or not the names or logos of such parties may appear on Keyzio.
7.2 Eligibility and Pricing. You must be at least eighteen (18) years of age to register as a Keyzio user or use the Website. Use of the Website is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may use the basic features available through the Website at no cost. As a registered user, you will have the ability to participate in some, but not all, of the features and services available through the Website. In order to access additional features and services, fees may apply. Please see the website for a description of our current service offerings and pricing.
7.3 Termination. This Agreement will remain in full force and effect while you use the Website and/or are a user of the Website. You may terminate your account at any time, for any reason, by sending an account closure request via email to support [at] Keyzio [dot] com or by sending written notice of termination to Keyzio, Inc. 3401 College Blvd, Ste 250, Leawood, KS 66211.
7.4 Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Keyzio of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account at the end of each session. Keyzio will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
7.5 Your Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT KEYZIO CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. KEYZIO ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. KEYZIO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR IDENTITY OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. KEYZIO RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS, TO VERIFY A USERS IDENTITY OR THAT A USER IS THE LAWFUL OWNER OF A SPECIFIC PROPERTY, AND/OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL KEYZIO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS WEBSITE OR PERSONS YOU MEET THROUGH THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
7.6 Content on Keyzio. Keyzio owns and retains all proprietary rights in the Website and the services made available therein. The Website contains the copyrighted material, trademarks, and other proprietary information of Keyzio and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Keyzio, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Keyzio does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Keyzio or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by other users of the Website.
7.7 Your Content and Activity on Keyzio. You are solely responsible for the content that you publish or display in your profile or on the Website or that you transmit to other users. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted on the Website and we cannot take responsibility for such content. Any use or reliance on any content or materials posted on the Website or obtained by you through the Website is at your own risk. You certify that you will not upload or post inaccurate or misleading content or any inappropriate content such as profanity, obscenity, libelous content, etc. All information you include in your user profile shall be accurate, current, and complete. You may not engage in advertising to, or solicitation of, other Keyzio users.
You retain your rights to any content you submit, post or display on or through the Website. By submitting, posting or displaying content on or through the Website, you grant Keyzio a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
7.8 Blocking of IP Addresses. In order to protect the integrity of the Website, Keyzio reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
7.10 Modifications to the Website and Services Offered. We reserve the right to change, modify, or terminate the services and features available on Keyzio at any time without advance notice to you.
8. Real Estate Services
Keyzio, Inc. is a Kansas Corporation and licensed real estate broker operating in Kansas (License #CO00002201) and Missouri (License #2014002509). Through the Keyzio Website or via phone or email or web form, Website users may make requests for real estate services, real estate agent contact, help selling or buying a home, or other requests. By making such requests, the Website user authorizes Keyzio to share the user’s personal information including their home and/or buyer profile information and history, contact information, search history, and their favorite homes to a real estate professional in order to satisfy the user’s request. When Website users make such requests to Keyzio they are extending an express invitation for Keyzio, or another appropriate entity or person, to contact the user. You have no obligation to use a service provider that Keyzio refers you to; however, if you choose to work with the service provider we refer you to, Keyzio may receive a financial benefit.
You understand that some or all of the services you can request through the Website may not be available in your area for many reasons, including but not limited to, areas where Keyzio is not licensed to do business, areas where we do not have a relationship with an affiliated service provider, local laws or licensing rules and regulations, or other reasons. Please send an email to support [at] keyzio [dot] com to confirm if a specific service is available in your area.
Some service requests may be subject to your acceptance of and/or acknowledgement of additional terms, conditions, and disclosures before a requested service can be provided. For example, we may require that you sign a written agency agreement to define the agency relationship between you and Keyzio or the applicable service provider that Keyzio may have referred you to. Before we provide any brokerage services to you, we may require additional information from you, including but not limited to, a written statement from you acknowledging the fact that you are not party to an existing exclusive agency relationship with another broker.
Keyzio does not guarantee or warrant the products or services of other product or service providers to whom it may refer you, including, but not limited to, real estate brokers/agents, lenders and escrow/settlement companies.
9. Disclaimers and Limitations on Liability
Keyzio intends that the information contained in this Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Keyzio at any time. THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” KEYZIO AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEBSITE AND/OR KEYZIO’S SERVICES IS AT YOUR OWN RISK. KEYZIO AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE AND/OR KEYZIO’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KEYZIO AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
By using this Website the user agrees to indemnify Keyzio and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the user’s use of the Website. Users may not use this Website for illegal, harassing, unethical, or disruptive purposes.
9.2 Dispute Resolution Process
Any claim or controversy arising out of or relating to the use of this Website, to the goods or services provided by Keyzio, or to any acts or omissions for which you may contend Keyzio is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Johnson County, Kansas. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Keyzio. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Johnson County, Kansas. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND KEYZIO WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Keyzio’s goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Keyzio, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Johnson County, Kansas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
10. Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
11. Modifications to this Agreement
You agree that this Agreement may be modified by Keyzio at any time in Keyzio’s sole discretion without advance notice to you. However, when material updates are made to this Agreement, we will attempt to notify you at our earliest possible opportunity by sending you an email to the email address you used when you created your account.
Please contact us at support [at] Keyzio [dot] com with any questions regarding this Agreement. Keyzio is a trademark of Keyzio, Inc.
BY USING KEYZIO, YOU CONFIRM YOU HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
LAST UPDATED JANUARY 1, 2014