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