Terms and Conditions (“Terms”)

Last updated: July 20, 2023

Please read these Terms carefully before using the apination.com and related subdomains websites (the “Service”) operated by API Nation (“us”, “we”, or “our”). In addition to API Nation’s Terms and Conditions” by using the services KW Command and MOJO integration you are bound by the KW Terms of Service for Mojo Selling Solutions, LLC Products.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and, together with our Privacy Policy, and any additional terms which might apply to certain products or services in addition to the Service, govern your use of and explain the terms on which we provide you with access to the Service. These Terms apply to all visitors, users and others who wish to access or use the Service and, by accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and access to or use of the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.

Use of Your Personal Information

For the purposes of these Terms, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person device or household (including without limitation names, phone numbers, mailing and electronic addresses, credit card information, driver’s license numbers, social security numbers, and/or other account or financial information). You consent to our collection of Personal Information about you that you have provided to us in connection with your account or the Service or that has been provided to us by any third party in connection with your account or the Service or any products or services offered or provided to you by us or any such third party. You authorize us to use your Personal Information (i) as reasonably necessary to administer your account and to provide the Service and any other products or services that you order or request from us and (ii) to market the Service or any such other products or services to you.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of API Nation and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of API Nation.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by API Nation.

API Nation has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that API Nation 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 use of or reliance on any content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless API Nation and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) use and access of the Service by you or any person using your account or password, or (ii) a breach of these Terms by you or any person using your account or password.

Limitation of Liability

In no event shall API Nation, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and course of performance.
API Nation, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted or securely or be available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Refund Policy

For information regarding the API Nation refund policy see our support page here.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

KW Terms of Service for Mojo Selling Solutions, LLC Products

Last updated: August 1, 2023

Please read these Terms of Service carefully.

These Terms of Service (the “Agreement”) are between you and Keller Williams Realty, Inc. (“we,” “our,” or “us”) and governs your use of Mojo Selling Solutions, LLC (“Mojo”) products and services offered through the KW Marketplace (the “Services”). This Agreement is in addition to the terms of service between us and you governing your use of the KW Command mobile application (also known as “Command”) or the KW Marketplace (collectively, the “Command TOS”), as well as any specific terms of service that you may enter with Mojo directly. If there is any conflict between this Agreement and the Command TOS, this Agreement shall prevail.

By using the Services, you are bound by the terms of this Agreement and any changes to it. References to “you” and “your” in this Agreement mean the individual using the Services, any designees or virtual assistants of the individual, and any business organization you represent, are employed by, or are a member of for which you are using the Services in support of.

1.Changes

We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services. The “Last Updated” legend shows when this Agreement was last changed.

2. Regulatory Compliance.

You agree to comply with all applicable federal, state and local laws, regulations, and/or rules, including but not limited to, the Telephone Consumer Protection Act,47 U.S.C. § 227 and its implementing regulation 47 C.F.R. § 64.1200 (collectively, the “TCPA”), any applicable Do Not Call (DNC) lists, and all similar state laws and regulations related to any communication initiated by or on behalf of you, including but not limited to any communication initiated by any person or entity engaged by you. You represent, warrant, and covenant that you will: (a) not call or text any numbers on any applicable Do Not Call (DNC) list without obtaining prior consent from the intended recipient; (b) not use any automatic telephone dialing system (ATDS) without obtaining prior express written consent from the intended recipient; (c) not call or text anyone who requests to be placed on your internal Do Not Call (DNC) list or revokes consent to be called or texted; and (d) not call or text outside of federal and state day and time restrictions. You also represent, warrant, and covenant that you have a written DNC policy that is available upon demand, you maintain an internal DNC list that has a record of consumers who have requested not to receive further telemarketing calls or texts from you, you have access to the National Do Not Call Registry through your own account or through another account (such as one of our market centers), and you will synchronize any call or text lists you maintain and use for telemarketing with an updated version of the Registry at least every 31 days.

YOU UNDERSTAND THAT IF YOU VIOLATE THE TCPA OR THE DNC RULES OR ANY OTHER FEDERAL OR STATE TELEMARKETING LAWS YOU FACE POTENTIALLY CATASTROPHIC LEGAL DAMAGES FOR WHICH YOU, AND NOT US, OUR AFFILIATES, OR EMPLOYEES, OFFICERS, OR DIRECTORS OF US OR OUR AFFILIATES, ARE SOLELY RESPONSIBLE AND LIABLE. We recommend that you consult your legal advisor to determine if your telemarketing practices comply with the TCPA and DNC rules and applicable state laws.

3. Your Conduct.

In addition to the other requirements in this Agreement, you must not:

Use the Services in any way or for any purpose that is unlawful, violates any federal or state laws or regulations (including but not limited to the TCPA) or any of our or your market center’s policies and guidelines (including the KWRI Policies and Guidelines Manual) that apply to the dissemination of unsolicited email and to the use of telephone calls, text messages, artificial or prerecorded messages, ringless voicemails, automatic telephone dialing systems, automatic dialing and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any other telemarketing or telephone solicitation or other commercial communication or to any other purpose that is fraudulent, or otherwise tortious.
Use the Services in any way that violates any: (a) terms of service (or other similar agreement) you enter into directly with Mojo; or (b) policies provided to you by Mojo, in the case of both (a) and (b), that are applicable to your use of the Services.
Post, transmit or make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Link, integrate, or provide access to the Services or related infrastructure without KWRI’s prior explicit permission.
Impersonate someone else in relation to your activities on the Services.
Transmit any spam, chain letters or other unsolicited communications.
Harvest or collect information about users of the Services.
Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.
Inhibit any other person from using the Services.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.
Reverse engineer, decompile or disassemble any portion of the Services.
Remove or alter any copyright, trademark or other proprietary rights notice from the Services.
Frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service.
Systematically download or store Services content.
Tamper with or circumvent any security technology associated with the Services.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather
Services content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.

You agree to be solely responsible for becoming aware of understanding and complying with the most recent versions of all applicable laws, regulations and our policies that relate to your use of the Services. You acknowledge that you are solely responsible for identifying, interpreting, understanding and complying with all applicable federal and state laws and regulations regarding your use of the Services, including selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.

NOTE: If you copy and paste an individual’s phone number from Command and insert such information into your mobile device for the purpose of communicating with that individual, you must comply with all applicable federal and state laws and regulations (including the TCPA) and any of our applicable policies and guidelines (including the KWRI Policies and Guidelines Manual) that apply to the use of telephone calls, text messages, artificial or prerecorded messages, ringless voicemails, automatic telephone dialing systems, automatic dialing and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any telemarketing or telephone solicitation or other commercial communication.

You agree that you do not have authority to call, text, email, or otherwise communicate with anyone on our behalf and that you will not represent, or make statements suggesting, that you have such authority. You must use your individual and Market Center DBA names to communicate with consumers. We do not control and are not responsible for your actions related to any calls, texts, emails, or other communications you make. You are solely responsible for your actions.

4. Our Proprietary Rights.

We and our suppliers own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include Keller Williams, KW, and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information, and materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information, and materials without the express prior written consent of the owner.

5. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY WARRANTIES THAT YOU RECEIVE FROM MOJO ARE SOLELY BETWEEN YOU AND MOJO, NOT US OR THE AFFILIATED ENTITIES.

6. Limitation of Liability

NEITHER WE NOR OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES, OR (II) FIFTY DOLLARS ($50.00). UNLESS OTHERWISE PROVIDED IN YOUR AGREEMENT WITH MOJO, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY THIRD PARTY MATERIALS WITHIN THE SERVICES) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

7. Indemnity

You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, demands, settlements, payments of money, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of, or your activities in connection with, the Services, INCLUDING VIOLATION OF THE TCPA OR DNC RULES; and (b) any violation or alleged violation of this Agreement by you. Without limiting the foregoing, you expressly acknowledge and agree that as an independent contractor, you are solely legally and financially responsible for any alleged violation of the TCPA and all similar state laws and regulations.

8. Termination.

This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including but not limited to if we believe that you have violated or acted inconsistently with the TCPA, any applicable DNC list, the Mojo Terms and Policies, or this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) Section 2 (Regulatory Compliance), Section 3 (Your Conduct), Section 4 (Our Proprietary Rights), Section 5 (Disclaimer of Warranties), Section 6 (Limitation of Liability), Section 7 (Indemnity), Section 9 (Governing Law; Dispute Resolution), and Section 12 (Miscellaneous) will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.

9. Governing Law; Dispute Resolution.

This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US OR THE AFFILIATED ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (“Dispute”), WILL BE RESOLVED IN ACCORDANCE WITH SECTION 16 IN THE COMMAND TOS. PURSUANT TO ANY DISPUTE, YOU FURTHER AGREE: (a) CLASS ACTIONS ARE NOT PERMITTED; AND (b) YOU ARE GIVING UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.

10. Information or Complaints

If you have a question or concern regarding the integration of these Services into Command, which is accomplished by HTL Enterprise, Inc. d/b/a API Nation (“API Nation”), please send an e-mail to support@apination.com. You may also call API Nation at (858) 876-8274. If you have a question or concern regarding the Services, please contact Mojo directly. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us or Mojo. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

11. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our Designated Agent as follows:

Keller Williams Realty, Inc.
Legal Department
1221 S. Mopac Expressway, Suite 400
Austin, Texas 78746
E-mail: Legal@kw.com
Telephone: (512) 327-3070

We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is our policy to terminate, in appropriate circumstances, a user’s right to use the Services if we decide they are repeat infringers.

12. Miscellaneous.

This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated or expressly referenced herein, and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.

Contact us

If you have any questions about these Terms, please contact us.