By using our Web Site, you agree to be bound by the terms and conditions set forth below. If you do not agree with any of the terms, please discontinue use of the website. Your use of this website will serve as an agreement to be bound by these terms of service.
1. The service we are offering here via Kozeee.com is a match making and referral service in which we collect information from you in order to find you a licensed real estate broker and or agent(s) to list and sell your property. Kozeee Inc. will not act as the listing agent or broker to sell your property or perform any other real estate brokerage services.
2. We will use good faith effort to find a real estate professional that suits the needs that you express to us via the website and/or telephone consultation. You understand that it is impossible for us to fully vet a referred agent and we must rely on their communication to us that they are licensed, qualified, and have experience in your needs. It is up to you to determine the referred broker and or agent(s) suitability for your needs and if you are comfortable working with them.
3. Kozeee Inc. is not a party to any negotiations, contracts or agreements between you and the referred broker and or agent(s) and we do not endorse, recommend or have knowledge of the terms of any negotiations, contracts or agreements between you and the referred broker and or agent(s).
4. For us to find you an agent, you must provide us with accurate and complete information. Further, you must be the owner or have the legal authority to sell any property that you submit to us via the website. We reserve the right to terminate your use of our service or pursue other legal action if we discover you have provided us with inaccurate, false or misleading information.
5. You agree to let us share the information that you give us with other real estate brokers and agents for the express purpose of matching you with an agent and for our own internal use. You also agree to be contacted by Kozeee Inc. and any referred agent or broker by telephone, email, mail or any other means.
6. You understand that Kozeee Inc. may receive a referral fee that may be a percentage of the commission received by the broker and or agent(s) involved in the transaction. It may also be a flat fee. We will arrange a compensation agreement directly with the referred Broker(s) and or Agent(s). Your use of this service means that you agree to let Kozeee Inc. arrange a referral compensation agreement with the referred Broker(s) and or agent(s). Kozeee Inc. will not charge you for our referral services.
7. Your participation in our service is voluntary and can be terminated by either party for any reason or at any time. Any referral agreements we may have made to broker(s) or agent(s) during the time of your use of our service however will still be valid and enforceable agreements.
9. Visiting www.kozeee.com or sending emails to Kozeee constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.
10. www.kozeee.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kozeee and Kozeee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kozeee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kozeee of the site or any association with its operators.
Certain services made available via www.kozeee.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.kozeee.com domain, you hereby acknowledge and consent that Kozeee may share such information and data with any third party with whom Kozeee has a contractual relationship to provide the requested product, service or functionality on behalf of www.kozeee.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kozeee or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kozeee content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kozeee and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kozeee or our licensors except as expressly authorized by these Terms.
11. The Service is controlled, operated and administered by Kozeee from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kozeee Content accessed through www.kozeee.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
12. You agree to indemnify, defend and hold harmless Kozeee, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kozeee reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kozeee in asserting any available defenses.
13. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
14. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kozeee agree otherwise, 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.
15. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KOZEEE INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KOZEEE INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KOZEEE INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
16. Kozeee reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kozeee as a result of this agreement or use of the Site. Kozeee’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kozeee’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kozeee with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kozeee with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kozeee with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
17. Kozeee reserves the right, in its sole discretion, to change the Terms under which www.kozeee.com is offered. The most current version of the Terms will supersede all previous versions. Kozeee encourages you to periodically review the Terms to stay informed of our updates. Your continued use after notification of these modifications constitutes your acceptance of any changes. Notification is to have deemed served when posted to the website.
18. You agree that the terms of this contract will subject to and construed according to the laws of the State of California. If any part of this agreement is construed as unenforceable or invalid to applicable law, that portion will not apply however the remainder of the agreement will continue in full effect.
19. You agree that the maximum damages that Kozeee Inc. can be liable to you under the terms of this contract and for your use of our website and services is $1.
20. This constitutes the entire agreement between the Kozeee Inc. and you, and supersedes any previous accord, understanding or agreement, express or implied. Each party confirms that it has not relied upon any representation not recorded in this agreement inducing it to enter into this agreement.
Kozeee welcomes your questions or comments regarding the Terms: