TERMS OF USE

Website Agreement

This Website Use Agreement (hereinafter the “Agreement”) is entered into between you (hereinafter the “User”) and the Kansas Association of REALTORS® (hereinafter “KAR”). In consideration for the right to access and use this website and the information, products and services offered on the website, the User agrees to the terms of use and conditions set forth in this Agreement. This Agreement applies to the information, products and services currently offered by KAR and any information, products or services that KAR may choose to offer in the future. The use of this website in any manner shall constitute your acceptance of the terms contained herein.

Usernames and Passwords

KAR members will be issued a username and password (which the User may subsequently modify) to access certain password-protected content on the website. You agree not to provide your username and password or to otherwise grant access to password-protected content on the website to any other person. If you do so in violation of this agreement, you will be held responsible for: (1) providing access to the website in violation of the terms of this Agreement; (2) the online conduct of such person; (3) monitoring such person’s access to and use of the website; and (4) the consequences of any use of the website by such person.

Restrictions on Use of Website Content

This website is owned and operated by KAR and contains code, data, graphics, software, text and other content (hereinafter the “Website Content”) that is supplied and owned by KAR and other sources. The Website Content is protected by copyright, trademark and other applicable laws. Screen scraping or using other means to extract Website Content or data in bulk from this website or its related applications is strictly prohibited.

Unless otherwise expressly and specifically permitted by usage terms to specific Website Content, you may not: (1) copy, modify or reproduce the Website Content; (2) post, publicly display, republish, transmit or upload the Website Content to or through your personal website, email or any other medium; (3) prepare derivative works based on the Website Content; or (4) distribute or provide the Website Content to third parties or allow any third parties to use the Website Content.

Provided that KAR members keep intact all copyright and other proprietary notices, they may download, print or use  the Website Content for the following purposes: (1) personal reference; (2) use in the member’s real estate business provided such use conforms to any usage terms posted on the website; or (3) any other uses where the express written consent is obtained from KAR (including consent posted on this website) and such is use is in accordance with the terms of the written consent.

Information Provided by You

Some of the services offered in connection with the website require or permit you to provide information. If you use such services, you agree to: (1) provide accurate, complete and truthful information; (2) refrain from entering defamatory, discriminatory, false, fraudulent, illegal or misleading information; (3) obtain the necessary use rights needed to display and use any content you post to the website; (4) promptly and regularly delete or update the content that becomes out-of-date; (5) allow others to use the information you post in accordance with the purpose of the particular service where the information is used; and (6) promptly remove any information that is thought to violate the above provisions upon the request of KAR.

You will be responsible for all content you provide for use on the website. KAR will not be responsible for the content you provide for display on the website. KAR and its service providers reserve the right to take any action reasonably necessary upon notice of a potential claim to mitigate their exposure to liability for contributory or vicarious defamation, infringement or other claims arising from, relating to or based upon any content you provide to the website, including removing such content and restricting your access to the website or portions of the website. Such action will not be considered a breach or default by KAR or its service providers.

Terms of Use for Specific Services

In addition to these terms, some services offered in connection with the website may be governed by additional terms of service at the specified point of access, all of which are incorporated herein by reference.

Website Content Ownership and Trademarks

Website Content (other than that content you provide) is owned by KAR and its licensors. The Website Content is intended solely to provide business information to authorized users of the website. KAR and its licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, the opinions, recommendations or views appearing on the website, or advocate the purchase, sale or use of any Website Content, product or service offered in connection to the website. KansasREALTOR.com and <insert portal URL here> is the registered trademark of KAR and all service marks, trademarks and trade names used on the website are the property of KAR, its subsidiaries or their respective owners any may not be copied, downloaded or otherwise exploited without the written permission of KAR or the owner of such service mark, trademark or trade name.

Infringement Policy

KAR, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act), reserves the right, but not the obligation, to terminate your license to use the website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the activity or material is ultimately determined to be infringing. KAR accommodates and does not interfere with standard technical measures employed by copyright owners to protect their materials. The Kansas Association of REALTORS® has registered as a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe that your copyright material is being used on this website without permission, please notify the designated agent at:

Luke Bell
Kansas Association of REALTORS®
3644 SW Burlingame Rd.
Topeka, KS 66611
(785)267-3610
lbell@kansasrealtor.com

Links to Third Party Websites and Services

This website includes links to other content, information, products, services and websites. KAR is not responsible for the content contained on any third party website. Furthermore, unless expressly indicated otherwise, KAR does not approve, endorse or otherwise warrant the accuracy, completeness or utility of any content or information contained on any third party website. You should review the terms of use and the privacy policy of the third party website before using that website.

Warranty Disclaimer

The Website Content and functionality provided in connection with this website and any third party websites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to the applicable law, KAR disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. KAR does not warrant that this website and its features will be error-free or uninterrupted, that defects will be corrected or that this website or the server that makes the website available are free of viruses or other harmful components.

KAR does not warrant or make any representations regarding the use or results of the use of the website content or third party websites in terms of their accuracy, appropriateness, correctness, reliability or timeliness. You assume all risk of errors or omissions in the website, including the translation or transmission of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this website, including the information provided herein, and for maintaining any means that you may require for the reconstruction of lost data or subsequent analyses or manipulations of the information provided hereunder. You (and not KAR) shall assume the entire cost of all necessary correction, maintenance or repair.

Limitation of Liability

In no event shall KAR or its subsidiary companies nor their agents, directors, employees, officers, subsidiaries or suppliers be liable for any consequential, direct, incidental, indirect, punitive, special or other damages arising out of or based on the use of this website, with the delay or inability to use this website, for any website content, products or services obtained through this website or otherwise arising out of the use of this website, whether based on contract, strict liability, tort or otherwise, even if KAR or its agents, directors, employees, officers, subsidiaries or suppliers have been advised of the possibility of damages. You specifically acknowledge and agree that KAR and its agents, directors, employees, officers, subsidiaries or suppliers shall not be liable for any defamatory, illegal or offensive conduct of any user of this website.

Indemnification

You agree to defend, hold harmless and indemnify KAR and its agents, directors, employees, officers, subsidiaries or suppliers from and against any actions, claims, costs, damages, expenses, liabilities, losses, proceedings and suits (including reasonable attorney fees) arising out of or based on the following: (1) any material posted or otherwise provided by you that is illegal or infringes on any copyright, patent, trade dress, trademark, trade secret or other intellectual property right of any person or defames any person or violates their rights of privacy or publicity; (2) any misrepresentation made by you in connection with your use of the website; (3) your entry of defamatory, discriminatory, false, fraudulent or misleading information into or your omission of material information from any database or form provided through this website; (4) any non-compliance by you with the terms of use of this Agreement; and (5) any claims brought by third parties arising from or related to your access or use of the website.

Termination

This Agreement and the licensed rights granted hereunder can be terminated at any time by KAR for any reason and without notice. You may terminate at any time by discontinuing use of the website. Termination or suspension of this Agreement or your access rights shall not affect any right or relief to which KAR or its subsidiaries may be entitled to at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to KAR and its licensors.

Modification

KAR reserves the right to amend this Agreement. Such amendments will become effective when they are posted to the website with no notice required. Continued use of the website by you shall be deemed to indicate your acceptance of any such amendments. KAR also reserves the right to add, discontinue or modify any aspect, content or feature on the website at any time without notice to you.

Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of Kansas without giving effect to any principles of conflicts of law and venue will be in Topeka, Kansas, with each party agreeing not to contest or seek to change venue.

Miscellaneous

You may not assign any of your obligations, privileges or rights under this Agreement without the prior written consent of KAR. Any assignment other than as provided for in this section shall be null and void. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed to be severable from this Agreement and shall not effect the enforceability and validity of any remaining provisions. This Agreement and posted operating rules constitute the entire Agreement of the parties with respect to the subject matter hereof and supersedes all contemporaneous or prior communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default under this Agreement shall be deemed to be a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

ACCESSIBILITY
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