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Kleard, Inc. Terms of Service (Terms and Conditions)
Updated May 6, 2020

1. Terms
By accessing the website at www.KleardNow.com, the Service, or by using the Kleard Now app, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or app. The materials contained in this website are protected by applicable copyright and trademark law.

Service(s): Kleard Now real estate app for iOS, Android, and Web

By using the Service you certify that you’ve read and agree to the Kleard, Inc. Terms of Service, Privacy Policy, and the following rules and conditions: 

• Must be 18 years or older

• You’re 100% liable for property damage you cause and take all risks upon yourself when entering a home that has Kleard Now Self Tour Technology


• Confirm all entry doors are locked before leaving

• If there’s a keybox, return the key(s) after your tour and confirm the keybox is securely locked

• You give Kleard, Inc. permission to store the information you entered into the app


• You understand that the real estate agents that you request access from may contact you

• We may share your information with third-party real estate service providers we partner with

• You will leave feedback after you finish your tour

• The following will not be held liable if injury/death/damage occurs during the tour:
- Kleard, Inc.
- Real estate agent who approved property access
- Real estate agent’s brokerage firm
- Listing agent and the real estate firm they work for
- The homeowner(s)
- The local Multiple Listing Service (MLS)

 
2. Use License
1.   Permission is granted to temporarily download one copy of the materials (information or software) from Kleard, Inc.'s website/mobile app store for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1.   modify or copy the materials;
2.   use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3.   attempt to decompile or reverse engineer any software contained on Kleard, Inc.'s website;
4.   remove any copyright or other proprietary notations from the materials; or
5.   transfer the materials to another person or "mirror" the materials on any other server.
2.   This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kleard, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
1.   The materials on Kleard, Inc.'s website are provided on an 'as is' basis. Kleard, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2.   Further, Kleard, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall Kleard, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Kleard, Inc.'s website, even if Kleard, Inc. or a Kleard, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials
The materials appearing on Kleard, Inc. website could include technical, typographical, or photographic errors. Kleard, Inc. does not warrant that any of the materials on its website are accurate, complete or current. Kleard, Inc. may make changes to the materials contained on its website at any time without notice. However Kleard, Inc. does not make any commitment to update the materials.

6. Modifications
Kleard, Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

7. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Washington and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Partners
Kleard, Inc. will allow mortgage lender partners to be able to view Lead data if the Lead consents to this information being shared (for this section, "Lead" refers to a buyer, seller, or consumer). 

Kleard, Inc. allows mortgage lenders to partner and pay a fee to receive buyer leads at open houses when buyers consent to a question which asks if the buyer would like to be contacted by a lender to help get pre-approved for a loan. Kleard, Inc. Users (“User” shall refer to real estate agents and real estate brokers using the Service) and understand that this feature will be part of the Service and cannot be disabled (unless otherwise specified). 

For example, mortgage lenders can pay a fee to Kleard, Inc. which would allow the lenders to receive Lead’s information if the Lead agrees to being contacted by a lender. Kleard, Inc. wouldn’t provide Lead’s contact information to the lender without the Lead’s consent. The paying partner lenders will receive all Leads for that specific area they claimed (State, County, or Zip Code), however Kleard, Inc. has the right to incorporate an alternative way of lead distribution for lenders if deemed appropriate. 

Kleard, Inc. at times will partner with other companies to help us provide a better service for our users which will involve utilizing Personal Information that is entered into our app (or is freely available to the public, such as a real estate agent's contact info). You are encouraged to read any of our partner's privacy policy and terms and conditions.

Privacy Policy
Your privacy is important to us. It is Kleard, Inc.'s policy to respect your privacy regarding any information we may collect from you across our website, www.kleardnow.com, or app Kleard Now.

We don’t share your personal information except with the real estate agent approving your access request, the real estate agent you claimed was the one you're working with, real estate brokerage where these agents work, our third-party partners, or where required by law.

We don’t store your personal information on our servers unless it’s required for providing the Service to you. What we store, we’ll protect within commercially acceptable means to protect your personal information from loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Privacy Policy
Terms of Service
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