Terms of Use

Terms of Use

The helenahomesandland.com (“Site”) is offered to you by KW Home Group (“Company”) subject to your acceptance without modification of all of the terms and conditions set forth here. You agree and acknowledge that in the event an individual is named above as “Company”, rather than an entity, that Company encompasses such individual, and by accessing the Site you waive all claims that Company as used in these Terms of Use or in the Privacy Policy does not encompass said individual. These terms and conditions (“Terms of Use”) are entered into by and between you and the Company and govern your access to and use of the Site, including any content, information, features, and functionality available on or through the Site. Please read these Terms of Use carefully before you use the Site.

BY USING THE SITE YOU (A) REPRESENT THAT YOU ARE LOCATED IN THE UNITED STATES; (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THESE TERMS OF USE AND AGREE THAT THEY ARE AN AGREEMENT BETWEEN YOU AND the Company, AND (D) REPRESENT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

Changes to Terms of Use

The Company may revise and update these Terms of Use from time to time in the Company’s sole discretion. All changes are effective immediately when the Company posts them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. As a user of the Site, it is your responsibility to regularly review these Terms of Use.

Site and Content

This Site is designed to provide you with access to residential and commercial real estate listings, real estate related information, and information about the Company. The Company reserves the right to access and use the Site, and any content and information therein, to the extent necessary to run the Site and make it available to you and others, to protect the Site, and to evaluate and improve the Site. With respect to any content or information that you enter into Site, if any, the Company acknowledges that the Company does not own that content or information and does not have the right to access that content or information except as set forth herein and in the Company’s Privacy Policy, and the Company may not disclose content or information that you enter into the Site to third parties except (1) as described in the Company’s Privacy Policy; or (2) if required to comply with a government subpoena, other compulsory government request or court order.

The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by the Company in the Company’s sole discretion. The Company shall also have the sole right to modify, upgrade, and change the Site. The Company shall not be liable if for any reason, all or any part of the Site or its content is unavailable at any time or for any period of time. From time to time, the Company may restrict access to some parts of the Site, or the entire Site, to users, in the Company’s sole discretion. The Company may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.

Site Access and Account Security

To create an account at the Site (“Account”), you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and the Account that all the information you provide is true, accurate, current, and complete.

You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You should use heightened caution when accessing your Account from a public or shared computer so others cannot view or record your password or other personal information.

The Company has the right to disable any username, password, or other identifier, at any time in the Company’s sole discretion for any or no reason, including if, in the Company’s opinion, you have violated any provision of these Terms of Use.

Third-Party Services

The Site contains links to third party websites (“Third Party Sites”). Third Party Sites may include Company affiliates and/or service providers with whom the Company has a relationship. These Terms of Use and the Company’s Privacy Policy only apply when you are on the Site. Different terms, conditions, and privacy policies will apply when you access or use Third-Party Sites, so you should read the applicable terms of use and privacy policies before using Third-Party Sites or disclosing any personal information. When you access third-party resources on the Internet, you do so at your own risk. Third-Party Sites are not under the Company’s control, and you acknowledge that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply the Company’s endorsement or any association between the Company and their operators. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Site(s).

Grant of License; Restrictions

Subject to your compliance with these Terms of Use, the Company hereby grants to you a limited, revocable, non-transferrable, non-exclusive and non-sublicensable license to use of the Site. All rights to use the Site are granted on the condition that such rights are forfeited if you fail to comply with these Terms of Use (including all updates). These Terms of Use provide only a license and are not an assignment or sale. The Company transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, the Company reserves all rights not expressly granted by these Terms of Use. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering the Company or the Site.

Your Obligations

You agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). You also acknowledge and agree that use of the internet and the Site is solely at your own risk.

Intellectual Property

The Site and its features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by the Company, the Company’s licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

If you modify the features and functionality or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site shall stop immediately. No right, title, or interest in or to the Site is transferred to you, and the Company reserves all rights not expressly granted hereunder. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or the Company’s affiliates or licensors, which may be registered in the United States or other jurisdictions. You must not use such marks without the Company’s prior written permission.

It is the Company’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing the Company’s DMCA Designated Agent (by email to schweitzer@kw.com or regular mail to 130 Neill Avenue, Helena, MT 59601) with the following information in writing (see 17 U.S.C § 512(c)(3) for further information): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) 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 the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and e-mail address; (5) a statement that 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Whether your notice is sent by email or regular mail, please include “Notice of Infringement” in the subject line. If your notice is incomplete, the Company is under no obligation to act.

If the Company removes or restricts access to content in response to a copyright complaint, the Company will make a good faith effort to contact the alleged infringer with information concerning the removal or restriction of access, including a copy of the complaint. If the alleged infringer believes its content was removed in error, then pursuant to the DMCA, such the alleged infringer can submit a counter-notification to the Company requesting that the removed content be reinstated.

The Company has a policy of terminating repeat infringers. If the Company receives multiple copyright complaints pertaining to an alleged infringer, the Company may terminate or restrict the alleged infringer’s access to the Site or take steps to limit or prohibit that person’s content from appearing on the Site.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of use. You agree that you shall not use the Site: (1) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any laws relating to the protection of personal data of individuals); (2) to impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (3) to contact Company offices or associates for purposes other than assisting you with your real estate needs, such as marketing products or services; (4) to infringe upon the rights of others or to engage in activity that violates the privacy rights of others; (5) to remove or modify any copyright or other intellectual property notices that appear in and/or on the Site; (6) to upload invalid data, worms, viruses, or other software to the Site; (7) to use any software that intercepts, “mines,” or otherwise collects information through or from the Site; (8) to use the information provided by the Company through the Site in making any loan-related decisions; (9) to access or use the Site to develop competitive products or services; (10) to access password protected, secure, or non-public areas of the Site; (11) to create links from any website or webpage to any page within the Site, and you agree that if the Company, in the Company’s sole and unfettered discretion, requests in writing that you remove any link or links to the Site, you will promptly do so; (12) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site, or expose them to liability; (13) circumvent any restrictions on access to or availability of the Site; engage in activity that is harmful to you, the Site, or others; (14) infringe upon the rights of others; (15) engage in activity that violates the privacy of others; (16) assist others to violate these prohibitions; and/or (17) otherwise attempt to interfere with the proper working of the Site.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITED LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OWNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SITE TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless The Speculo Group LLC, the Company, its owners, members, its shareholders, directors, affiliates, officers, agents and employees, licensors, service providers, and all third parties that provide content, information or Site to the Site from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions of content or information to the Site or any use of the Site’ content other than as expressly authorized in these Terms of Use.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Governing Law

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio, excluding any principles or rules of law that may direct the application of the law of another state. You agree that venue for any legal action (including arbitration) shall take place only in Franklin County, Ohio, and you waive all objections and defenses related to such venue.

Arbitration and Class Arbitration Waiver

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination or validity thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one (1), and the place of arbitration shall be Columbus, Ohio, United States. The arbitration shall be held, and the award shall be rendered, in English.

The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Telephone Consumer Protection Act

The Telephone Consumer Protection Act generally requires businesses to obtain express consent before containing members/customers on their mobile phones. To ensure that you can receive important communication, the Company is requesting your permission to contact you on your phone. By providing your contact information, including your phone number, you are expressly granting permission to the Company and any related affiliates or third parties to contact you on the mobile phone number provided and all future mobile phone numbers that you furnish to the Company. You are not required to provide consent as a condition to utilize the Site. Your consent is applicable for the following reasons: suspected fraud or suspicious activity, data security breaches, suspected identity theft, informational, marketing, communication(s); non-marketing communication(s), notifications, and/or collection efforts. Please note that contact may be made as a direct dial call, using text messages, pre-recorded or artificial voice messages, and/or the use of an automated telephone dialing machine or auto dialer, as defined by federal regulations. By agreeing, you represent that you are the wireless subscriber or customer user with respect to the wireless number(s) provided to the Company, its affiliates, and associated third parties, and that you have the authority to provide consent. Please note that depending on your mobile service plan, message and data rates may be assessed by your mobile provider and will be your sole responsibility. If you wish to opt-out of receiving text messages or calls, please contact the Company by email at schweitzer@kw.com, or by mail at 130 Neill Avenue, Helena, MT 59601.

Suggestions, Reviews, Comments

If you provide input, suggestions, reviews, comments, or the like, regarding the Site, including related to the Company (collectively “Suggestions”), you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use the same for any purpose and in any manner the Company, in the Company’s sole discretion, deems proper.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

International Use

The Site is intended for users located within the United States. The Company makes no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

Contact Information

The Site is operated by KW Home Group at 130 Neill Avenue, Helena, MT 59601. To contact the Company please email schweitzer@kw.com.

All rights not expressly granted herein are reserved by the Company.