These Terms of Use and the Kief Realty Privacy Policy were updated on January 1, 2017. Your continued use of the Services constitutes your acceptance of the updated policies.
Before we can show you pictures and prices of sold homes, or show you certain information on active listings from Kief Realty Agents, we require you to acknowledge that you're considering Kief Realty as your real estate brokerage.
We know that sounds somewhat intimidating, but remember: you have no obligation to work with a Kief Realty Agent to buy or sell a home. You can choose to work with us or not.
In addition to the above terms, registered users also agree to the Kief Realty Terms of Use and Privacy Policy, which apply to all users of the Kief Realty website.
Welcome to kiefrealty.com. This website and the Kief Realty Applications (as defined below)(the “Sites”), together with the services provided through the Sites (collectively the Sites and services are the “Services”) are owned and operated by Kief Realty, a technology-powered real estate brokerage located at 311 West Oak Street, Paxton IL 60957 (“Kief Realty”). These Terms of Use which include the Kief Realty Privacy Policy, serve as the ”Agreement” between you and Kief Realty regarding the Services, and provide important information to you, including information about your obligations about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.
If you want to list your home with a Kief Realty Agent, or buy a home with a Kief Realty Agent, then you will need to enter into a listing agreement or buyer agency agreement to become a Kief Realty Client; these agreements are not covered here.
You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 13 years old, do not use the Sites.
A. CopyrightAll materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Kief Realty or are licensed by Kief Realty for use on the Sites. Our site features Google Maps, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
B. TrademarksKief Realty, the Kief Realty logos and other Kief Realty trademarks, service marks, graphics, and logos used in connection with Kief Realty are trademarks or registered trademarks of Kief Realty in the United States. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with Kief Realty may be the trademarks of their respective owners.
C. DataThe MLS Data on our Sites is the property of the individual MLSs providing the data. These MLSs have granted Kief Realty the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data; this information can be found in Section 14 below.
D. Other Intellectual PropertyKief Realty also owns trade secrets and know-how that contribute to the functionality of the Services.
E. Webscraping of Listing & Property Data Is Not AllowedCrawling the kiefrealty.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Kief Realty.
F. RestrictionsExcept as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the Kief Realty name or trademarks without our specific permission. We may revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.
G. Reservation of RightsExcept for the limited license granted above, Kief Realty reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
H. Information AggregationKief Realty is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Kief Realty from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Kief Realty by sending feedback but it is likely that such information accuracy cannot be corrected by Kief Realty and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.
I. Days on Kief RealtyThe days listed value on Kief Realty is derived from data in the MLS listing.
J. School Ratings & ReviewGreatSchools ratings provided by GreatSchools.net.
You must register for a Kief Realty account to gain access to certain features. You must register to save favorites, receive listing alerts, initiate offers, etc. By registering for a Kief Realty account, you are agreeing to these Terms of Use as well as the MLS Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Kief Realty profile information accurate. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. Kief Realty reserves the right to terminate accounts at its discretion.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that Kief Realty may communicate with you through the contact information associated with your Kief Realty account or Kief Realty Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from Kief Realty. Kief Realty has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize Kief Realty to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a Kief Realty Agent or staff member, or a Referral Agent, as defined below). When you make such a request to Kief Realty you are extending an express invitation for Kief Realty, or another appropriate entity or person, to contact you. A Referral Agent is employed by or works with another brokerage, but has teamed up with us to provide Kief Realty-quality service to a wider range of customers. We'll refer you to a Referral Agent in our discretion.
Kief Realty may include links to third party websites (“Third Party Sites”) in its Services. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Kief Realty is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
Kief Realty offers services through applications built using Kief Realty's platform (“Kief Realty Applications”). Examples of Kief Realty Applications include, without limitation, its smart phone features, and Kief Realty “Share“ buttons, which allow you to share your activities on the Sites with your friends using social media or email. You acknowledge you are responsible for all charges and necessary permissions related to accessing Kief Realty through your mobile access provider.
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please send us an email or contact through the Sites. Kief may terminate this Agreement or your account at any time, with or without notice.
You agree to indemnify Kief Realty and hold Kief Realty harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Kief Realty Sites or using the Kief Realty Services.
KIEF REALTY PROVIDES THE SERVICES ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. KIEF REALTY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KIEF REALTY AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY KIEF REALTY OR ANYTHING RELATED TO KIEF REALTY, YOU MAY DEACTIVATE YOUR KIEF REALTY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 (“TERMINATION“) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. KIEF REALTY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH KIEF REALTY TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. KIEF REALTY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, KIEF REALTY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. KIEF REALTY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. KIEF REALTY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, KIEF REALTY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT WILL KIEF REALTY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST KIEF REALTY OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by Kief Realty, or to any acts or omissions for which you may contend Kief Realty is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute“), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA“) in force at that time. The arbitration shall be venued in Illinois. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Kief Realty. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Illinois. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Kief Realty, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
A. SeverabilityIf any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. NoticesYou may contact us . Or via mail or courier at: Kief Realty, 311 West Oak Street, Paxton IL 60957.
C. Entire AgreementYou agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Kief Realty regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Kief Realty services.
D. Amendments to This AgreementWe reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at kiefrealty.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 8 (Termination).
E. No WaiverOur failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive ReliefIn no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and DelegationYou may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Kief Realty for any third party that assumes our rights and obligations under this Agreement.
H. Alpha and Beta TestingThe Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and Kief Realty, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
I. Potential Other Rights and ObligationsYou may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
J. Complaints Regarding Content Posted on the Kief Realty WebsiteFor non-copyright complaints, you may notify us .
K. International MattersKief Realty is controlled and operated from Kief Realty's United States offices in Illinois. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access Kief Realty, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from Kief Realty, is further subject to United States export controls. No Services, including software from Kief Realty, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
L. Complaint Regarding Copyright InfringementIf you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact us with the following information:
Disclaimers: Multiple Listing Services and other Data Providers
Kief Realty receives the homes for sale information from Midwest Real Estate Data LLC (MRED).