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Terms of Use
 
Effective August 1, 2008

Keen Agents, Inc. is a real estate brokerage firm specializing in referring prospective buyers, sellers, lessees, and lessors of real property (residential and commercial) to its network of highly qualified real estate professionals. This service is done at no cost to the prospective clients; Keen Agents, Inc. only collects money from its network of real estate professionals when they close a deal with a client Keen Agents, Inc. referred to them.

This website is offered to you, conditioned on your acceptance of these Terms of Use. Your use of this website constitutes your agreement of all such terms, conditions, and notices contained herein. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS AND NOTICES, DO NOT USE THIS WEBSITE. Keen Agents, Inc. reserves the right to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting.

COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS
This website is controlled and operated by Keen Agents, Inc. All contents of this website, including but not limited to text, images, and illustrations, are protected by copyrights, trademarks, service marks, and/or other intellectual property rights, and are owned by Keen Agents, Inc. or the attributed parties. All rights are reserved.

Content on this website is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way for commercial use without the prior written consent of Keen Agents, Inc.

PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this website, and you agree not to use or permit others to use this website, for any of the following: (I) take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (II) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (III) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website; (IV) uploading, posting, emailing or otherwise transmitting any information, content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (V) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (VI) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy these web pages, or the content without prior written permission from Keen Agents, Inc., provided that generally available third party web browsers may be used without such permission.

LINKS TO THIRD PARTIES
This website may contain links to other websites. These websites are provided for your convenience and information only and, as such, you access them at your own risk. Keen Agents, Inc. does not control such websites and is not responsible for their content. The inclusion of such websites does not imply any endorsement of the material or content on such websites or any association with their operators.

PRIVACY
Keen Agents, Inc. does not rent or sell your information for any reason. You may review the full Privacy Policy at http://www.keenagents.com/privacy for further information.

DISCLAIMER
YOUR USE OF THIS WEBSITE AND CONTENT IS AT YOUR OWN RISK. THIS WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, KEEN AGENTS, INC. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KEEN AGENTS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEEN AGENTS, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. KEEN AGENTS, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES TO YOU, YOUR COMPUTER, OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF CONTENT. YOU ARE RESPONSIBLE FOR TAKING ALL REASONABLE PRECAUTIONS NECESSARY TO ENSURE THE SECURITY AND INTEGRITY OF YOUR COMPUTER AND SYSTEMS, INCLUDING EMPLOYING VIRUS PROTECTION SOFTWARE.

GENERAL LIMITATION OF LIABILITY
IN NO EVENT SHALL KEEN AGENTS, INC., INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AFFILIATES, INCLUDING ITS PARTICIPATING REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY DELAY OR INABILITY TO USE THIS WEBSITE, (III) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR (IV) THE PERFORMANCE OR NONPERFORMANCE BY KEEN AGENTS, INC. OR ANY OF ITS AFFILIATES, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHANGES
Keen Agents, Inc. reserves the right to change the content on this website and these Terms of Use at any time without prior notice. The changes may include superseding these terms or specific notices. By continuing to use this website, you accept any change or update, all of which shall become effective immediately upon posting.

INDEMNIFICATION
You shall defend, indemnify and hold harmless Keen Agents, Inc., its owners, directors, employees, agents and real estate professionals from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use or of any law or the rights of a third party.

SPECIFIC TERMS FOR THE NETWORK OF REAL ESTATE PROFESSIONALS
By accepting referrals from Keen Agents, Inc. you specifically acknowledge and agree to the following terms:
  • You hold a valid and current real estate license (salesperson or broker) for the state in which you are accepting referrals.
  • You are legally capable of forming contracts.
  • If you are a salesperson, you are currently employed by a licensed broker who permits you to accept referrals from Keen Agents, Inc.
  • All information you provide to Keen Agents, Inc. is current and correct and you will keep Keen Agents, Inc. updated should there be any change to this information.
  • Unless specifically stated otherwise, you may not attempt to contact any prospective client until the appropriate referral contract, required for each referred client, is completed, signed and sent to Keen Agents, Inc.
  • You will inform Keen Agents, Inc. when each referred client establishes initial contact with you.
  • Should a prospective client that Keen Agents, Inc. has referred to you contact you before you have completed, signed and sent the appropriate referral contract to Keen Agents, Inc., you shall immediately notify Keen Agents, Inc. of the contact and immediately complete, sign and send the appropriate referral contract to Keen Agents, Inc.
  • Keen Agents, Inc. reserves the right to refer the prospective clients to participating real estate professionals at Keen Agents Inc.'s sole discretion.
  • Keen Agents, Inc. does not guarantee any number of referrals to any of the participating real estate professionals.
  • Unless a contract signed by an authorized Keen Agents, Inc. representative specifically states otherwise, you will pay Keen Agents, Inc. 25% of your gross commission for all referrals that have originated with Keen Agents, Inc. that lead to a close of a real estate transaction.
  • A Keen Agents, Inc. referral is any prospective real estate client (buyer, seller, lessee or lessor) that is directed or referred to you by Keen Agents, Inc.
  • You may not introduce any Keen Agents, Inc. referral to other real estate professionals.
  • You will conduct all business with Keen Agents, Inc. referrals ethically, honestly, professionally, and in a manner otherwise legal and acceptable according to applicable real estate laws.
  • You are liable for any and all business between you and Keen Agents, Inc. referrals.
  • Keen Agents, Inc. is not an agent of, nor does Keen Agents, Inc. represent, any Keen Agents, Inc. referral.
SPECIFIC TERMS FOR PROSPECTIVE BUYERS, SELLERS, LESSEES AND LESSORS
By using Keen Agents, Inc.'s services as a prospective real estate buyer, seller, lessee or lessor, you specifically acknowledge and agree to the following terms:
  • All information you provide to Keen Agents, Inc. is current and correct.
  • By submitting your information, you consent to being contacted by a Keen Agents representative or any of its participating real estate professionals so that the requested service can be fulfilled.
  • You are legally capable of forming contracts.
  • Keen Agents, Inc. is neither an agent nor a representative of you.
  • Unless specifically stated, Keen Agents, Inc. is not directly affiliated with any of the participating real estate professionals and their respective firms.
  • Keen Agents, Inc. shall not be liable for any damages or costs incurred through the use of services provided by the participating real estate professionals and their respective firms.
  • You are not obligated to use any of the services you request from Keen Agents, Inc..
  • Your use of Keen Agents, Inc. is done at no cost to you.
  • Service, quality and conduct of the participating real estate professionals is not guaranteed to meet any standard.
  • Keen Agents, Inc. cannot guarantee that participating real estate professionals are appropriately licensed, carry adequate insurance, and are otherwise legally capable to operate as your real estate agent.
  • You will inform each participating real estate professional that Keen Agents, Inc. connects you with that Keen Agents, Inc. referred you to him or her.
GOVERNING LAW
This agreement and its performance shall be governed by the laws of the State of California, United States of America. You hereby consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, United States of America, in all questions and controversies arising out of or relating to your use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. No joint venture, partnership, employment, or agency relationship exists between you and Keen Agents, Inc. as a result of these Terms of Use or your use of this website. Keen Agents, Inc.'s performance is subject to laws and legal process, and nothing contained herein is in derogation of Keen Agents, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Keen Agents, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy posted on this website set forth the entire understanding and agreement between Keen Agents, Inc. and you concerning the products and services on this website, and supersedes any prior understandings or agreements (whether oral or written) between Keen Agents, Inc. and the user with respect to this website. Any rights not expressly granted herein are reserved.

 
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