Matching clients with experts and innovators in the real estate service industry is what we do, including but not limited to: buying and selling property, mortgage, title and escrow.
Kwwestfield.com (the “Website”) is operated by KW Westfield Keller Williams Real Estate (“KW Westfield”). Throughout the Website, the terms “we”, “us” and “our” refer to KW Westfield. KW Westfield offers the Website, including all information, tools and services available from the Website (collectively, the “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (the “Terms”). Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. By visiting the Website and/or availing yourself of its Services, you agree to be bound by the Terms, which applies to all users of the Website, including without limitation users who are browsers, vendors, clients, merchants, business partners, and/or contributors of content. If you do not agree to all the Terms, then you may not access this website or use its Services.
By agreeing to these Terms, you represent that you are at least 18 years old and are otherwise legally qualified to enter into contracts under applicable law. Any individual using the Services on behalf of a corporate entity or business further represents and warrants that they are authorized to act and enter into contracts on behalf of said corporate entity or business.
All of our “Clients” (prospective buyers and sellers and their representatives) who are involved with and use the Website or the Services must agree with the following:
You may initiate or receive a call from a KW Westfield representative or one of our Partners via one of KW Westfield’s tracked phone numbers. If you do so, KW Westfield may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
For the purpose of these Terms, the term “Real Estate Professional” includes Settlement Service Providers (as defined by Real Estate Settlement Procedures Act), real estate agents, brokers, brokerages, and those businesses that provide services and products related to the purchase, sale, security, and maintenance of real property. Any Real Estate Professional who partners with us, or is otherwise involved with, or uses the Website must agree with the following terms:
We reserve the right to refuse service to anyone for any lawful reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
KW Westfield reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms. You are responsible for regularly reviewing these Terms. KW Westfield may alter, suspend or discontinue the Services at any time to you and/or to others, without notice. It is your responsibility to check this page periodically for changes.
For contractual purposes, you (a) consent to receive communications from KW Westfield in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that KW Westfield provides you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about KW Westfield and special offers. You may opt out of such email by changing your account settings or sending an email to: firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding the KW Westfield and special offers.
KW Westfield imposes certain restrictions on the use of the Website and Services. By visiting the Website you represent and warrant that you will not: (1) use the Website or Services for unauthorized, unlawful or unethical purposes; (2) solicit others to perform or participate in any unlawful acts; (3) provide false, misleading, or inaccurate information to the Website, the Website’s users, or KW Westfield; (4) use the Website or Services to phish, pharm, spam, spider, crawl, or scrape; transmit any worms, viruses, robots, spiders, or any code that damages, disables, impairs, or overburdens the Website; (5) attempt to gain unauthorized access to the Website; (6) reverse assemble, reverse compile, or reverse engineer the Website or any of the Website’s features in whole or in part, or allow or encourage any third party to do so; (7) access or attempt to access any of theWebsite’s data by any means other than through the interface provided by the Website; (8) interfere with or circumvent the security features of the Service or any related website; (9) infringe upon or violate our intellectual property rights or the intellectual property rights of KW Westfield or others; (10) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected class; or (11) use the Website or Services for any obscene or immoral purpose. A breach or violation of any of the Terms will result in an immediate termination of your Services and may subject you to civil and criminal penalties.
The Website and Services are the property of KW Westfield, and subject to the intellectual property rights of KW Westfield and its licensors.
KW Westfield respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify KW Westfield’s legal department in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Notices of copyright infringement claims should be sent as follows:
By mail: KW Westfield Keller Williams Real Estate
Attention: Legal Department 998 N 1200 W, Orem, UT 84057
Attention: Copyright Agent By e-mail: email@example.com
The Services include links to third-party products, services and web sites, as well as materials provided by third parties. KW Westfield does not endorse, and takes no responsibility for such products, services, web sites, and materials. You understand that KW Westfield has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and KW Westfield takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
KW WESTFIELD PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KW WESTFIELD AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. KW WESTFIELD AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
You agree to defend and hold KW Westfield, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.
You release KW Westfield, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
KW Westfield may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without KW Westfield’s prior written consent, and any unauthorized assignment and delegation by you is void.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of KW Westfield to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and KW Westfield and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).