KEALINK PRIVACY POLICY

Privacy Policy

This Privacy Policy describes how Kealink, LLC (“Kealink”) collects, uses, shares and secures the personal information you provide through Kealink.com. It also describes your choices regarding use, access and correction of your personal information. This Privacy Policy applies to Kealink.com, including related mobile Applications, as operated by Kealink.

Kealink is committed to protecting your privacy. We constantly improve our services to you in an effort to keep up with rapidly changing technologies. We do use information collected about you while still protecting your privacy. All information is confidential and never sold or otherwise shared with another business unless to provide the services to you described on the Kealink.com site. Due to the quickly changing environment, these policies are subject to change. If we change them, we will post them on this page and notify you as described at the end of this policy.

BY USING KEALINK.COM YOU ARE AGREEING TO THIS PRIVACY POLICY AND THE PRACTICES SET FORTH HEREIN.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us and we will submit it to a free-of-charge to you, third-party dispute process.

I. Security Measures Concerning Your Personal Information

The security of your personal information is important to us. We take reasonable steps to help protect the personal information our users share with us in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have questions about security on our Web site, or our certifications, you can contact us at legal@Kealink.com

In addition to the foregoing:

Your personal information is password-protected. It is our policy to never sell traceable information about our users to third parties without user permission. See “Use of Information Collected” below.

Advanced firewall technologies protect our database from outsiders.

Your password and password reminder answers, when applicable, are kept encrypted at all times, so they cannot be decoded even if someone gains access to our database. However, to avoid unauthorized use of your account by others, you must take steps to control your password.

LINKS TO THIRD PARTY SITES

This site may contain various links to other Web sites. Kealink is not responsible for the privacy practices of those sites. You should not assume that other sites take similar steps in securing your information and should evaluate their privacy standards before using their systems.

II. Collection of Information

When you register with Kealink, we may ask that you provide your name, email address, street address, phone number, tax exchange situation, preferences for real estate, and zip code. If you are a real estate agent, broker, or other professional services provider, you will also be asked to provide your firm name, address, telephone number, state where you are licensed, and license number. We may also request additional information from you. For example, if you are a broker or other professional services provider, you will be asked to describe your areas and regions of focus, experience, and education. If we are searching to find the right real estate professional for you, you will be asked to describe your needs and preferences. Any additional information you supply Kealink via phone, text or email may also be shared with your selected real estate professional and as otherwise set forth herein.

Also, we gather certain information automatically and store it in log files. This information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.

Kealink and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

We may partner with third-party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner will use cookies and Web beacons to collect nonpersonally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking as indicated. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

III. Use of Collected Information

The primary reason that Kealink collects information is to match you with a real estate professional or a buyer or seller or real estate, respectively.

Kealink does not sell, trade, or rent your personal information to others without your permission. We will share your personal information with third parties only in the ways that are described in this privacy policy. We use your information to improve our marketing and promotional efforts, statistically analyze site usage, and improve our site’s content, offering, and layout. Your information may be shared with San Francisco Real Estate and Park City Lifestyle Homes, PLLC which owns Kealink LLC, for payment and commission purposes, and as otherwise required to implement the purpose of the services.

If you are a real estate professional, we may provide your information to potential buyers or sellers registered through the website and we may use information we have about you as part of our ongoing marketing efforts, including but not limited to displaying your profile, practice details and rating information publicly in association with Kealink. If you are seeking a real estate professional, we will use your information to match with such individuals and provide your information to them upon your choice of a professional(s).

Your IP address may be used to help diagnose problems with our server, to administer our Web site, and for security needs. Kealink may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to third-party vendors, but these statistics will include no personal identifying information.

We may use the information we collect to notify you about the status of your Kealink account, important functionality changes to our website, new Kealink services, and special offers we think you’ll find valuable. We may also contact you to verify your information or ask you about your experiences with our system.

Except for communications that relates directly to the service being provided, you may “opt out” of receiving communications from us through the unsubscribe link or emailing us at unsubscribe@kealink.com.

Your real estate professional profile information can be modified, updated but not deleted by logging into your homepage and clicking on the “Agent Profile” link. Kealink provides an upload link for photographic files of real estate professionals to the site to be used as a representation of their likeness. It is the real estate professional’s sole responsibility to upload such files and have necessary approval and legal releases to do so. You agree to indemnify, defend, and hold Kealink harmless for any claims arising from or relating to your use of the website.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at unsubscribe@Kealink.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

When it is necessary to contact you, we use your email address and, in some situations your mailing address, phone or fax number. Note: Kealink will not ask you for your password if we contact you. Do not disclose your password if asked by a caller claiming to represent Kealink.

In order to achieve the benefits of the Kealink service, there are some situations in which personal information may be disclosed to third parties. These are:

Service related disclosure: As noted, we disclose information in order to connect Buyers and Seller users with real estate professional users. The Buyer and Seller users have full control over when and to whom personally identifying information is disclosed.

Once the buyer or seller has entered our system through the Kealink site and submitted answers to questions, including signing off on terms, information may flow as follows:

  • Once a new lead comes in, if Kealink needs additional information based on the location or reason they are searching, we may call you to gather additional information to help us in the search for a local real estate agent.
  • Once the agents have been screened and selected by Kealink and the agents have signed off on the commission referral agreement, they are referred to as lifestyle real estate advisors and submitted anonymously via email link to a private webpage dedicated to you as Advisor 1, Advisor 2, Advisor 3 with a headshot, bio and other applicable information if deemed necessary by Kealink.
  • With web-hooks within email and checkpoints on the Kealink site, the buyer or sellerselects from 1-3 anonymized advisor/agents the buyer or seller believes are of interest (while also accepting terms of service if needed) and submits.
  • Once Buyer or Seller receives an introduction of the name and contact information advisor(s) selected. Within the agent’s page of the Kealink site, the agent will have the buyer or seller information appear.
  • Once both parties have received each other’s contact information they are considered connected. Kealink is basically no longer involved and the Advisor and Buyer or Sellerset their own agreed upon protocols about how they should correspond with each other.
  • Kealink, from time to time, may follow up on the progress of the connection for quality assurance, or to follow up on any additional parties that become involved in a property contract such as a Title Company or Closing Lawyer, and your information may be shared as necessary to accomplish these goals.
  • If the buyer has placed a purchase contract on real property, or seller has accepted a real estate purchase contract for sale of their real property through a Kealink connected Advisor, the advisor will update any contractual information such closing lawyer or title company contact information.

The name of the user notifying us that an agent-client or broker-client relationship was formed through our service may be released to either party, otherwise such information will be used only for our internal records, statistics and our brokerage relationship for receipt of referral commissions. We will not disclose this information to other parties, unless we are required to do so by law.

Except for the information referred to herein, user’s contact information (i.e. address, telephone, fax, or email) is never revealed. If you are a qualified match

User’s name and contact information may be revealed to Kealink sponsors (such as advertisers or key strategic business partners) if you elect to have the sponsor contact you. You will have the opportunity to review the sponsor’s privacy policy before selecting to share your information with the sponsor.

Marketing Related Disclosure. If you are a real estate professional, we may use any information, including personally identifiable information, contained in your Kealink profile and ratings in our ongoing marketing efforts to help develop and focus referrals to you if you happen to be a qualified match for a buyer or seller client in a localized area. If you find our use of your identifiable information in association with our marketing efforts objectionable, you can opt out of future use by contacting us with your objections at legal@Kealink.com

We may provide your personal information to companies that provide services to help us with our business activities such as offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

Kealink may also develop business partnerships with other companies, as part of our service to users. These special business partnerships may include acquisitions by or mergers with other companies or special joint ventures that integrate our Web sites and services. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Whenever Kealink shares personally identifying information with a partner, we will do so with confidentiality and require use restrictions on the information.

IV. Legal Related Disclosure

In certain situations, Kealink may be required to disclose personal data in response to lawful requests by public authorities, including law enforcement requirements. Kealink may release account information when we believe, in good faith, that such release is reasonably necessary to:

  1.  comply with law
  2.  enforce or apply the terms of any of our user agreements, or
  3.  protect the rights, property or safety of Kealink, our users, or others, investigate fraud, or respond to a government request.

V. Blog/Forum

Our Web site may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at legal@Kealink.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Anything you post on the blog or forum is public, and you grant Kealink a royalty free license to use such information for Kealink’s business purposes. You also agree to indemnify Kealink for any claims resulting from, or related to, your use of the services, your postings and the content of any information you provide,

VI. Social Media Widgets

Our Web site includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

VII. Consent and Changes to This Policy

By using our Web site, you consent to the collection and use of this information by Kealink. If we change our privacy policy, we will post those changes on this page so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. If we make any retroactive changes to how we disclose personally identifiable information to others, we will notify you by email and provide you at least ten (10) days to object to such disclosure and to delete your registration. If we make any material changes, we will notify you by email or by means of a notice on this site prior to the change becoming effective.

Kealink.com – Version 4.26.2018

 

 

KEALINK TERMS OF USE:

NOTE: We are not in the business of direct real estate sales.

I. Introduction

These Terms govern your relationship with Kealink.com (Kealink). The Agreement spells out what you can expect from us, and what we expect from you. It includes and incorporates the other policies set forth on the website and/or Applications, such as the Privacy Policy. We do not know each User, so it is important to set out the ground rules clearly in advance.

If you agree to this document, welcome to our system!

If you have questions about any part of this Agreement please contact us! We will be glad to explain why these provisions are important for our system. We would like to work with you on making changes if you can show us a better approach. You must be 18 years of age or older to use this site.

Please remember that until this Agreement is accepted and in place, you will not receive full access to our system.

In this agreement, we have referred to the Kealink service as the “Service”, to you as the “User” and to this contract as the “Agreement”.

II. Relationship Between Kealink And User: Providing Only a Platform

Kealink is an Internet Platform that facilitates communication between Users which are real estate professionals and buyers or sellers of real estate. Kealink acts as matching service for buyers and sellers of real property with leading real estate professionals to exchange information with the goal of eventually forming a professional relationship. We do not perform real estate brokerage services other than referrals. Kealink does not guarantee that Users will successfully find representation through this system. You are responsible for the accuracy of your information you provide, and updating that information as required.

In order to provide an optimal platform for buyers, sellers and real estate professionals, Kealink does not involve itself in any real estate agreements between those parties. Kealink does not represent buyers, sellers or real estate professionals. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not Kealink, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates through our Service.

We are not your representative or broker (we will be a referral exchange service for buyers and sellers). Kealink does screen its Users, however Kealink disclaims any warranty regarding the same to the fullest extent allowed by law.

Providing a service where potential clients and real estate professionals can meet does not imply an endorsement of any buyer, seller or real estate professional. Kealink makes no representation concerning a buyer, seller or real estate professional’s qualifications, nor does it sanction statements posted by them on the system.

Kealink makes no representation, guarantee, or warranty (express or implied) as to the ability, competence, or quality of representation which may be provided by any of the real estate professionals which may be matched to you and/or are listed through this Web site or any affiliate thereof.

You are responsible for you own choices and may refuse any relationship based on you own judgment.

Should you match, Kealink receives a standard industry referral fee of approximately 25% of the Buyer Agent Commission (BAC), or Listing Agent Commission (LAC), unless otherwise stated in the Kealink Referral Agreement with agent, for any subsequent sale entered when a Buyer or Seller uses an agent they selected through the site within two years of the referral date. Gross commission is calculated as that received by the Agent’s broker prior to any split of commission with Agent or any other brokers on the Agent side of the transaction. If an Agent represents Buyer and Seller on the same transaction the fee will be 35% of ½ the total gross commission of the transaction. The Agent will have the referral fee paid from escrow or by the employing brokerage as the result of a closed transaction within ten calendar days. If you are a buyer or a seller you agree this is reasonable, as is any other share that does not impact the total price you pay. If you are a real estate agent or broker, you agree to the referral terms in the same fashion as if done in person or any other method. As the Agent or Broker, you agree to any additional terms set forth in each individual contract pertaining to the signed referral agreement.

The User may initiate or receive a call from a Kealink representative. If you do so, Kealink may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes. You agree to receive communication electronically through email and/or text messaging (SMS), and consent for us to contact you via telephone or cellular device even if it is currently listed on any local, state or federal Do-Not-Call list, and even if your carrier charges you for the call or text.

III. User Guidelines

In order to keep this system attractive and useful for all Users, it is important that Users follow the rules of the system. Some of these rules are described in this contract, and the rest in bulletins posted at various points in the system. Kealink reserves the right to deny further access to its service to any User who violates these rules, is the subject of complaints by other Kealink Users, for any other reason, or for no reason at all.

Users may not engage in any of the following activities on our system:

  • do or say anything to injure or harm others
  • display material containing nudity or pornographic material of any kind
  • provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
  • promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
  • defame any person or group • display material that exploits children under 18 years of age
  • violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation)
  • violate Internet standards • use the Service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other’s privacy
  • interfere with or disrupting the Service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email
  • encourage any illegal activity, including anything to do with illegal drugs, gambling, money laundering, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
  • compromise the security of the Service Kealink provides.

IV. Disclaimer of Information Obtained on the Service

Kealink provides a platform that functions as an open market of sorts whereby we match aligned users. Kealink will post general information to help Buyers and Sellers understand the dynamics of the real estate industry. Each city, state and jurisdiction has different ways of conducting real estate services and the User must conduct their own due diligence and seek professional legal advice when needed. Kealink is not responsible for the content of materials posted on its Web sites by any other parties. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of Kealink. Data submitted by other Users (both real estate professionals and lay persons) is not verified or reviewed in any way before it appears on the Kealink Web site. Kealink does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site.

Kealink does not continuously review the standing of any real estate professional. When considering employing any real estate professional, Users should check their standing with their local regulating authority.

Kealink makes every effort to verify that brokers and agents are licensed as they indicate, However, Kealink is unable to track, verify, or monitor the standing/license of each broker or agent using the Service. Therefore, Kealink makes no representation regarding the status, standing or ability of any broker or real estate professional listed through this Web site.

Kealink is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by a real estate professional.

Users are encouraged to use caution when reviewing any information submitted by other users. Although Kealink strongly encourages all users to comply with all laws and regulations, it is impossible for Kealink to monitor users’ integrity or compliance with applicable rules of conduct.

Kealink in no way endorses the content or legality of any responses, statements, or promises made by users, on or off this site.

Digital Millennium Copyright Act:

Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe there are any infringing materials on Kealink, please notify us at legal@kealink.com with a description and screenshot of the content at issue, which must include:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kealink to locate the material.

(iv) Information reasonably sufficient to permit Kealink to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) A statement that the complaining party (you) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party (you) is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

V. Confidentiality

Kealink makes every effort to maintain the confidentiality of any information submitted by Users to our System and our database of members. However, because Kealink cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not provide any highly personal, sensitive, or incriminating information. Kealink is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the System.

Real estate professionals contacted by buyer or seller Users through the System must report to Kealink on whether their services were engaged by the User, the results of the same, including when properties are under contract, and the total commission fees paid, date of closing and contact information of title company or closing lawyer.

VI. Indemnification The User agrees that Kealink is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold Kealink, San Francisco Real Estate (DBA Engel & Voelkers Park City), and Park City Lifestyle Homes, PLLC, including their respective employees, officers, agents and partners, harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User specifically agrees that this defense and indemnity shall apply to Kealink, San Francisco Real Estate (DBA Engel & Voelkers Park City), and Park City Lifestyle Homes, PLLC, their affiliates, directors, officers and employees. Kealink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Kealink.

VII. Communications and Other Data

Kealink is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

VIII. Other Kealink Rights

Kealink also reserves the following rights:

to release current or past User information, pursuant to the terms of the Privacy Policy, as well as in the event Kealink believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if Kealink deems it necessary and/or appropriate.

to deny service to offenders of these guidelines or the Agreement to terminate or deny service to anyone for any reason or no reason

IX. Modifications to Terms of Service

Kealink may change the Agreement at any time. The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.

X. Modifications to Service

Kealink reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that Kealink shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Kealink may immediately delete data and files in the User’s account and bar any further access to such files or the Service.

XI. Kealink ‘s Proprietary Rights

Kealink owns this system, its content, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any message thread from the system, either electronically or in print, without Kealink ‘s permission and the permission of all participants in the thread. This is not a complete list — other things on the system are also Kealink property. Contact Kealink before copying anything from the system with plans of reproducing it or distributing it.

The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use the system’s material and information only as expressly authorized by Kealink, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that Kealink can display images and text throughout the Service, and has a license to display any content provided by User.

XII. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties

The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. Kealink 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. Kealink makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Kealink make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Kealink makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the user from Kealink shall create any warranty not expressly stated herein.

Limitation of Liability

The user agrees that Kealink shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Kealink has been advised of the possibility of such damages. The user further agrees that Kealink shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

XIII. Arbitration

Any controversy or claim arising out of or relating to this Agreement or Kealink services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Salt Lake City or Park City, Utah, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or Kealink may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Utah, necessary to protect the rights or property of the User or Kealink pending the completion of arbitration. This arbitration clause does not prohibit either Kealink or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within Salt Lake City or Park City, Utah.

XIV. General

If you reside in a country whose privacy or other laws would bar your use of this service, you agree not to use Kealink. If you use, or continue to use, Kealink services in violation of the same, you do so under your own volition, and agree to indemnify, defend and hold Kealink harmless from any claims arising from or related to that prohibited use.

This agreement incorporates by reference our Privacy Policy and any notice by Kealink contained in any of the Web site pages and constitutes the entire understanding between the User and Kealink regarding the User’s relationship to our Service.

Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since Kealink cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and Kealink shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.

If Kealink fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that Kealink has waived the right or provision. If any provision of this Agreement 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 that the other provisions of the Agreement remain in full force and effect. The User agrees 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Version 4.26.2018