Terms & Conditions | Key Home Rewards 1

Welcome to Key Home Rewards (KHR), your home reward network. At KHR, we're dedicated to connecting eligible homeowners ("Members") like you with top-tier professionals in the housing industry ("Service Providers"). Our mission is to reward Members for their engagement with participating Service Providers by offering incentives for purchasing products and services.

Throughout these Terms and Conditions, we refer to the features and functionality provided by our platform as the "Service." KHR and its affiliated companies are owned and operated by Key Home Rewards ("Company," "we," "us," or "our"). Whether you're a homeowner seeking information about available services or a professional looking to connect with potential clients, these Terms and Conditions outline the rules and guidelines governing your use of our platform.

Please take the time to carefully review these Terms and Conditions. By accessing or using any part of our Service, you acknowledge that you have read, understand, and agree to abide by all the terms set forth herein. If you do not agree to these Terms and Conditions, we kindly ask that you refrain from accessing or using our Service. Your use of the Service is contingent upon your acceptance of these Terms and Conditions.

Updates to Terms and Conditions: We reserve the right to update the Terms and Conditions at our discretion, either by sending notifications via email or by posting notices on the Service. The "Last Updated" date at the top of the Terms and Conditions indicates the date of the latest revisions. By continuing to use the Service, you agree to abide by any modifications. It is your responsibility to stay informed about any changes by periodically reviewing the Terms and Conditions and checking the "Last Updated" date. Additionally, when using KHR services or features, you are subject to any posted guidelines or policies applicable to those services or features, including the Privacy Policy. All such guidelines or policies are hereby incorporated into these Terms and Conditions.

Translation: For your convenience, we may translate these Terms and Conditions into other languages. However, the English version governs your relationship with Key Home Rewards, and any discrepancies among different versions will be resolved in favor of the English version.

Service Availability: The availability of the Key Home Rewards Service may be modified, updated, interrupted, suspended, or discontinued at any time without prior notice or liability. In the event of discontinuation, all data will be deleted within a commercially reasonable timeframe.

Site Terms: By visiting or using this Site, you agree to accept these Terms and Conditions, including the Key Home Rewards Privacy Policy, Service Level Agreement, and Agent Participation Agreement (collectively referred to as the "Site Terms"), without modification, for the intended purposes of this Site and as permitted by law. Your continued use of this Site constitutes your acceptance of any revisions to these Site Terms and constitutes the entire agreement between you and Key Home Rewards regarding the Services.

Age: The Service is intended for individuals who are at least eighteen (18) years of age. Use of the Service by anyone under this age constitutes a violation of the Terms and Conditions.

Definitions:

Site(s): The term "Site" encompasses any website, mobile app, or digital channel where Key Home Rewards maintains a presence through a service or application.

User: A "User" refers to any individual who visits and/or utilizes the Site.

Service(s): Key Home Rewards matches eligible Members with Service Providers and facilitates the accumulation of reward points for real estate transactions. These services are provided in collaboration with its wholly owned subsidiaries, participating real estate Brokers, and participating Vendors.

Key Home Rewards: KHR Rewards, KHR Points, Reward Points, or simply Points, are earned by eligible Key Home Rewards Members. These rewards are based on the commission rate and purchase price associated with a purchased or sold home through a Designated Agent. Rewards accrue upon receipt of payment from the Participating Agent and are subject to minimum payment requirements. Key Home Rewards does not hold monetary value and may use participating vendors to issues rewards via gift cards, ACH or other approved methods. Points earned under the Program expire three (2) years from issuance, although KHR reserves the right to extend expiration dates at its discretion.

USE OF KEY HOME REWARDS SERVICE: GENERAL

To access Key Home Reward Services, an interview process is required. By doing so, you agree to:

Provide accurate and complete information about yourself as prompted by the Service, and promptly update such information if necessary. Any false, inaccurate, or outdated information may result in the suspension or termination of your account. Use your account for personal and/or business purposes only; resale, transfer, or assignment of the Service is prohibited. Consent to receive certain communications related to the Service, including recorded or automated calls and SMS text messages.

Maintain the confidentiality of your password and account (if membership portal is used), and immediately notify us of any unauthorized use or security breaches. Refrain from impersonating others, creating accounts for anyone other than yourself, or providing false information. Agree to use the Service lawfully and be responsible for any content you post or communicate via the Service. Prohibited activities include posting unlawful, threatening, harassing, defamatory, or offensive material, as well as soliciting personal information from minors.

You may not:

Access non-public areas of the Service or attempt to breach security measures. Probe, scan, or test the vulnerability of the Service or its technical systems. Use the Service in a manner that disrupts its operation or other Users' use. Use automated processes to access or extract data from the Service. Create unauthorized links to the Service or display its content on other platforms without permission. Your use of the Service is at your own risk, and we are not responsible for any offensive or inappropriate content you may encounter. Posting unlawful, harmful, or abusive content. Causing harm to minors. Impersonating individuals or entities. Offering content that infringes on intellectual property rights. Sending unsolicited or unauthorized advertising or solicitations. Distributing malicious software or interfering with the Service's operation. Violating any local, national, or international laws or regulations. Providing support to organizations designated as "foreign terrorist organizations" by the United States government.

UPDATED TO KEY HOME REWARDS

Key Home Rewards retains the right to modify, amend, or adjust the Rewards Program ("Program") at its discretion, with or without prior notice to participating Members, Service Providers, or Loyalty Programs. Such modifications may include, but are not limited to, the following:

Adjusting the number of Key Home Rewards Points awarded for eligible purchases.
Changing the number of points required for reward redemption.
Modifying available reward options based on enrolled product(s).
Introducing caps or fees on point earnings and/or redemptions, as deemed necessary.
Increasing annual fees or other program-related charges.
In exceptional circumstances, canceling specific rewards and/or terminating the entire Rewards Program.

In the event of Program cancellation, Key Home Rewards will provide participants with a minimum of ninety (90) days’ advance notice. During this notification period, participants will retain the ability to earn and redeem points within the existing framework of the Program. However, it is understood that Key Home Rewards may modify or discontinue specific rewards during this transition period.

SERVICE PROVIDERS: DEALINGS

Eligibility for Rewards: You acknowledge that Key Home Rewards respects existing contractual obligations between agents and their clients. If you are currently working with an existing agent, you may not be eligible to earn Key Home Rewards.

Real Estate Related Services: While Key Home Rewards may connect you with Service Providers, such as real estate Brokers or Brokerages, it does not perform real estate brokerage services, mortgage services, or any other real estate transaction services ("Real Estate Related Services"). Any Real Estate Related Services are performed by local Service Providers that you have been connected with through the Key Home Rewards Dashboard. Key Home Rewards does not endorse, recommend, or otherwise know the terms of any agreement between you and a Service Provider.
Communication with Service Providers: Key Home Rewards provides Customers with the means to contact Service Providers. Service Providers receive requests via the Service from Customers seeking information about services, pricing, and other matters ("Service Requests"). By providing your information to us, you authorize us to share this information with participating Service Providers and consent to be contacted by us and the Service Providers via phone, email, mail, text, or other reasonable means. You hereby consent to any such calls, to your landline and/or your cell phone, even if your phone number is on any Do Not Call list.
Interactions with Service Providers: Your interactions with Service Providers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such parties. You acknowledge that Key Home Rewards makes no representations, endorsements, recommendations, and/or warranties as to the products or services of any particular Service Provider. You agree and acknowledge that Key Home Rewards is not a party to any transactions you may enter into. Key Home Rewards shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Service Provider.

USING KEY HOME REWARD - CUSTOMERS

Third-Party Websites: Links provided via the Service to Service Providers, Loyalty Programs, or other websites ("Third-Party Websites") are offered for convenience. If you access these links, you may leave the Key Home Rewards platform. Key Home Rewards neither controls nor endorses Third-Party Websites. You agree that Key Home Rewards bears no responsibility or liability for any content, goods, or services provided through Third-Party Websites. Your use of Third-Party Website links is at your own risk. Please note that Third-Party Websites may contain material that some users find offensive, inaccurate, or unlawful. Key Home Rewards disclaims any responsibility for the content, legality, or accuracy of information on Third-Party Websites.
Membership Fee: By becoming an approved Key Home Rewards Member, you may be subject to a Membership Fee.
Compensation: Key Home Rewards may receive compensation, which could include a flat fee and/or a percentage of the commission received by the Service Provider. Your acceptance and use of our services imply acknowledgment and agreement with this compensation arrangement. Compensation must be verified and received before rewards are issued.
Call Recording: Should you engage in a call with a Key Home Rewards representative or participating Service Provider using our tracked phone numbers, we may record the call for quality assurance purposes. Your consent is implied upon initiating or receiving such calls.
Due Diligence: Selecting Participating Agents and Service Providers requires personal due diligence on your part.
Agent Reviews and Ratings: Please be aware that posted Agent reviews and ratings may not fully represent the quality of service provided by participating real estate professionals and other Service Providers. Key Home Rewards disclaims liability for the accuracy of user reviews or ratings.
Voluntary Participation: Participation in Key Home Rewards is voluntary and can be terminated by either party with written notice. Upon termination, Member benefits, including rewards, will be forfeited.

USING KEY HOME REWARD - SERVICE PROVIDERS

Eligibility and Representation: As a real estate services provider, such as a real estate agent, Broker, or lender, you must hold a current and valid license and be of legal age to form a legally binding contract.

Accuracy and Maintenance of Information: You agree to provide accurate and complete information to Key Home Rewards and promptly update your profile or any other supplied information.
Information Display and Usage: You grant Key Home Rewards permission to display information related to Real Estate Related Services you've handled. This includes transaction details, active listings, and other relevant details for marketing purposes.
Broker Permissions and Representation: If required to work under a Broker, you confirm obtaining permission from your Broker to use Key Home Rewards services.
Restrictions on Representation: You are prohibited from registering or representing yourself as a prospective buyer or seller, regardless of your intention to buy or sell property.
Non-Circumvention Agreement: You agree not to use information obtained through Key Home Rewards to directly contact home buyers or sellers to circumvent our Services without prior acceptance from Key Home Rewards.
Compliance and Indemnification: You acknowledge and agree to comply with all real estate, mortgage lending, or other licensing laws, and provide adequate insurance coverage. You are responsible for Real Estate Related Services provided to your clients and agree to indemnify Key Home Rewards from any claims arising from your services.
Responsibility for Information: Information you provide to Key Home Rewards Members regarding your services remains your responsibility.
Legal and Regulatory Compliance: You agree to comply with all legal and regulatory requirements applicable to real estate service providers, including providing necessary information and notices.
Voluntary Participation and Termination: Participation in Key Home Rewards is voluntary and can be terminated by either party with written notice. Termination does not affect prior Member Connections, which remain bound by the Site Terms.
Participation Fee and Expenses: You agree to pay Key Home Rewards a Participation Fee and Member Connection Expenses as defined in your Agreement.
Confidentiality and Contact: You agree to be contacted by Key Home Rewards and its Members via reasonable means and not to disclose confidential information without written consent.
Call Recording and Additional Terms: Phone calls with Key Home Rewards representatives or Members may be recorded for quality assurance. You agree to abide by additional terms set forth in the Service Level Requirements.
No Guarantee of Engagement: Using the Key Home Rewards Platform does not guarantee engagement by Customers for any Services.
Legal Compliance and Pricing: You are solely responsible for complying with all laws, rules, and regulations applicable to your business and establishing prices for your products and services.
Display of Services and Liability: Key Home Rewards makes no representations regarding the display of Service Provider products and services. Key Home Rewards is not liable for damages arising from transactions entered into by Service Providers.

INDEMNIFICATION:

You agree to defend, indemnify, and hold Key Home Rewards, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and representatives (collectively referred to as the "Key Home Rewards Parties") harmless from and against any and all liabilities, claims, damages, losses, expenses, and costs, including but not limited to attorneys' fees and costs, arising from or related to:

Your misuse of the Key Home Rewards platform.
Any third-party claims, charges, or investigations directly or indirectly caused by: a. Your failure to comply with this Agreement. b. Any breach by you of these Terms and Conditions. c. Any activity you engage in on the Key Home Rewards platform or using the Key Home Rewards services.

Key Home Rewards reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any case, you agree to cooperate with Key Home Rewards in the defense and settlement of such matter as requested.

WARRANTIES, DISCLAIMER, LIABILITY

BY UTILIZING THE SERVICES PROVIDED BY KEY HOME REWARDS ("KHR"), YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS:

Release of Liability: You release Key Home Rewards and its affiliates from any liability associated with the redemption of rewards when utilizing third party vendors. This includes, but is not limited to, any liability arising from the use of points within the rewards program or the acquisition and use of rewards obtained through point redemption. Key Home Rewards is not responsible for reimbursement, or re-issueing rewards of any kind: That includes any loss, disappearance, misuse, or missing Gift Cards, Rewards Cards or instrument used to disperse rewards is not reimbursable. You are solely responsible once issuance is submitted and KHR is not responsible for incorrect information provided during the transfer process.
Non-Provider of Services: You understand and agree that Key Home Rewards does not directly provide services, but it's members/ owners may hold or own real estate companies. You are in no way obligated to use those companies if presented to you. Key Home Rewards is a separate entity and does not directly provide services, including credit card, real estate, mortgage, or travel advisory and booking services. Any claims regarding the failure or breach of services must be directed to the respective service providers and loyalty providers.
Limitation of Liability: Key Home Rewards parties will not be liable for any indirect, special, incidental, or consequential losses or damages arising out of or in connection with the use of or inability to use the KHR sites. This includes any defamatory, offensive, or illegal conduct of participating professionals or other users of the Key Home Rewards sites. This includes dissatisfaction with brokers, or brokerages relating to personal, or transactional services between Agent, Member, Closing Company or any Vendors before during or after transaction.
Disclaimer of Warranties: To the fullest extent permitted by applicable law, Key Home Rewards disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. The site and all associated content, materials, products, and services are provided "as is."
Assumption of Responsibility: You assume full responsibility for your use of the Key Home Rewards sites and agree that any information you send or receive during your use may not be secure and may be accessed by unauthorized parties.
Limitation of Claims: Any claims against Key Home Rewards must be filed within one year after the cause of action accrues, or they will be permanently barred.

By agreeing to these terms, you release Key Home Rewards from any and all liability and understand that your use of the services is at your sole risk.

GOVERNING LAW/ JURISDICTION

This section outlines the legal framework governing Key Home Rewards (KHR) and its users:

Legal Jurisdiction: KHR operates under the laws of the State of Colorado. Any legal matters arising from this Agreement must be addressed within the courts of Delaware. By using KHR's services, users consent to the jurisdiction of Colorado's courts for any related proceedings.
Individual Dispute Resolution: Disputes or claims under this Agreement will be heard individually and cannot be consolidated with those of other parties. The prevailing party in any legal proceedings is entitled to reasonable attorney fees.

SURVIVAL

This clause emphasizes the continuity of the Agreement:

Continuation of Agreement: All terms of this Agreement remain effective and enforceable even after its termination.

CONFIDENTIALITY

This segment elucidates the handling of confidential information:

Handling of Confidential Information: KHR undertakes to handle confidential information with the utmost care, applying the same level of protection as it would to its proprietary data. Limited disclosures may occur under specific circumstances outlined in the Agreement, such as legal obligations, regulatory requirements, or agreements with third-party service providers.

CONTENT

This segment addresses user-generated content and its implications:

User Responsibility for Content: Users are solely responsible for the content they transmit or access through KHR's service. KHR reserves the right to remove objectionable content at its discretion.
Content Usage Rights: By providing content to KHR's platform, users grant KHR the right to fully exploit such content for business purposes. This includes displaying advertisements adjacent to user-generated content.
Feedback Submission: Users may submit feedback to KHR, agreeing that such feedback becomes KHR's property, and KHR is not obliged to maintain its confidentiality.

CLAIMS & COPYRIGHT

This section outlines KHR's policy regarding copyright infringement claims:

Policy on Copyright Infringement: KHR responds promptly to claims of intellectual property infringement, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
Designated Agent: KHR designates a specific agent to receive notifications of alleged copyright infringement, with contact information provided for submitting such notices.

INTELLECTUAL PROPERTY

This part defines the intellectual property rights associated with KHR's platform:

Ownership of Content: All content on KHR's platform, including website design, graphics, and text, is the property of KHR or its licensors, protected under copyright laws. Users are granted a limited license to view, download, and print content for personal use only. Any unauthorized use or reproduction of content is strictly prohibited.
Trademarks and Service Marks: The trademarks, service marks, and logos displayed on KHR's platform are the exclusive property of KHR or its licensors and may not be used without prior authorization.

MISCELLANEOUS

Suggestions: KHR clarifies its policy on suggestions, stating that suggestions provided through the platform are not automatically considered recommendations unless expressly identified as such.

Accuracy of Information: While KHR strives for accuracy in the information provided on its platform, it acknowledges that errors may occur. Users are encouraged to verify information independently and are advised that KHR does not guarantee the accuracy of all information presented.
Confidential Information: The section outlines the types of information considered confidential under the Agreement and the circumstances under which disclosure may be made, emphasizing the importance of protecting confidential data.
USA PATRIOT ACT: KHR informs users of its compliance with federal regulations aimed at combating terrorism and money laundering. This includes gathering necessary personal information from users as part of the membership application process.
Tax / Legal Advice: KHR clarifies that it does not provide legal or tax advice to users. Instead, users are advised to consult professional legal or tax advisors for guidance specific to their situations.
Foreign Jurisdictions: KHR specifies that its products and services are only available in jurisdictions where legally permitted, ensuring compliance with local laws and regulations.
Company Identification: KHR identifies itself as the provider of products and services offered on the platform, establishing accountability and transparency.
Availability of Products: This section outlines eligibility criteria and deadlines for specific offers and promotions, ensuring users are aware of important deadlines and requirements.
Computer/Mobile Device Requirements: Users are informed of their responsibilities regarding device compatibility and system requirements for accessing KHR's platform, ensuring a smooth user experience.
Third Party Practices: KHR clarifies its stance on third-party websites linked from its platform, advising users to review the privacy and security policies of such sites.
Use of the Term "Partner": Users are informed that the term "partner" is used for marketing purposes and does not imply a legal partnership between KHR and third parties.
Unsolicited Submissions: KHR outlines its policy on unsolicited ideas or materials submitted by users, stating that such submissions will be considered non-confidential and may be used by KHR without compensation.
Fair Housing: KHR reaffirms its commitment to equal housing opportunity and non-discrimination policies, promoting fairness and inclusivity in its operations.
Governing Law: The Agreement is governed by Delaware law, providing clarity on the legal framework within which KHR operates.
Severability: In the event that any provision of the Agreement is deemed invalid, the remaining provisions remain in effect, ensuring the Agreement remains enforceable to the fullest extent possible.
Waivers: Any waivers of provisions must be in writing and signed by an authorized representative, emphasizing the importance of formalized agreements.
Conflicts: In case of conflicts between the Terms and specific agreements, the latter prevails, ensuring consistency and clarity in contractual obligations.
Arbitration: The section outlines the arbitration process for resolving disputes, including limitations and procedures for arbitration proceedings.
Notices: KHR communicates changes to the Terms to users through designated channels, ensuring users are informed of any updates or modifications to the Agreement.
Electronic Signature Agreement: Users consent to electronic signatures and accept the Terms by selecting the "Submit" or "Login" button, establishing a legally binding agreement between the user and KHR.
Unauthorized Use: Users are warned against unauthorized reproduction or distribution of KHR's content, emphasizing the importance of respecting intellectual property rights.
Service Provider Disclaimers and Trademarks, Liability: The section reiterates disclaimers and liability limitations related to the use of loyalty points and participation in rewards programs, protecting KHR from potential legal claims or disputes.

TERMS:
Loyalty Provider(s): Key Home Rewards rewards its Members with KHR Rewards Points for real estate transactions conducted with a Designated Agent. These rewards are provided in collaboration with licensed real estate Brokers and Participating vendors. All real estate brokerage aspects are managed directly by participating real estate Brokers, with costs covered by them. Market availability, participating vendors, and rewards are subject to change without prior notice.
Vendor(s): Individuals or Companies who are not real estate professionals but have registered to offer rewards as part of an Key Home Rewards Promotion.
Member(s), Membership: Customers who have been approved and are eligible to offer or earn rewards. The terms "Member" and "Membership" do not confer legal, eligibility, or ownership rights.
Membership Status: Pending: A Membership application is under review for accuracy of information.
Approved: Member is approved to earn rewards; Member is approved to offer rewards as part of an Key Home Rewards Listing
Promotion; Member is approved to offer rewards as part of an KHR Listing Promotion and/or earn rewards.
Canceled: Membership has been canceled by the Member.
Terminated: Membership has been terminated by Key Home Rewards.
Membership Fee(s): A fee associated with Membership that may be required for approval.
Agent(s), Participant, Professional(s), and Service Provider(s): Licensed professionals who wish to participate and connect with approved Key Home Rewards Members to provide services. Participants operate independently, and nothing in the Terms or Agreements establishes an employer/employee, principal/agent, partnership, or joint venture relationship.
Member Connection: The sharing of Member information with licensed professionals to facilitate a home sale or purchase.
Member Connection Expense: A payment received by Key Home Rewards from professionals involved in a sale facilitated through Member Connection, to be received prior to issuing KHR Rewards.
Participation Fee: A fee paid by agent(s), professional(s), and service provider(s) to become eligible for hire by Key Home Rewards Members.
Hire, Hiring, Hired: The selection of Participating Agent(s) by Key Home Rewards Members during the home buying or selling process.
Transaction: The closing and transfer of real property by a Member, whether as a seller or a buyer.
Broker, Brokerage: A person or entity authorized by a legally recognized business to act as a supervising broker on behalf of a real estate firm. This may include an employing, designated, supervising, qualifying, principal, or appointed real estate broker with appropriate authority and duties.
Closing Agent: An individual or entity holding documents and funds in a real property transfer, acting on behalf of both parties pursuant to instructions. This may include attorneys, escrow companies, or title companies, depending on local practice.