Terms of Use for
Keller Williams Realty, LLC
LAST UPDATED: April 25, 2025
Please read these Terms of Use (this Agreement ) carefully.
This Agreement is a legal agreement between you and Keller Williams Realty, LLC
and its affiliates (as applicable, based on the Services) ( we, us, or
our ) governing your access and use of any website or mobile application
provided by us from which you are accessing this Agreement (collectively, the
Services ). You and your mean both an individual using the Services and an
entity if you are using the Services on behalf of, or for the benefit of, a
third-party entity (for example, a Keller Williams Market Center (as defined
below)). The parties to this Agreement shall be known collectively as the
Parties and each singularly as a Party .
By registering an account, clicking or tapping any button or
box marked accept, agree, or OK (or any other similar word), or by using
the Services, you agree to this Agreement and any changes to it.
We are a real estate franchisor. We license the use of
our name to independently owned franchisees to operate real estate brokerage
offices (each, a Keller Williams Market Center ). Keller Williams Market
Centers enter relationships with real estate agents who are their independent
contractors (each, a KW Agent ). This Agreement does not apply to any
products or services, including any real estate brokerage or ancillary
services, offered or provided to you by a Keller Williams Market Center or their
KW Agents (collectively, the Other Services ), regardless of whether the
Other Services were initiated by your interaction with the Services (including
any websites where we operate such website s infrastructure) or directly with a
Keller Williams Market Center or their KW Agent(s). Please consult with the
applicable Keller Williams Market Center(s) or their KW Agent(s), as
applicable, to learn more about any terms and conditions that apply to their
provision of the Other Services to you.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION
THAT, AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER
COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.
1. Effective Date. The Last
Updated legend shows when this Agreement was last changed. We may change this
Agreement by notifying you by any reasonable means, including posting a revised
Agreement through the Services.
Subject to applicable laws, we may, at any time and without
liability: (a) modify or discontinue all or part of the Services; or (b)
charge, modify, or waive any fees required to use the Services.
2. License to Use the Services. Subject
to your compliance with the terms and conditions of this Agreement, we grant
you a limited, revocable, non-exclusive license to use the Services and we
provide the Services for your personal use only, unless we agree otherwise. The
Services, and all its elements, are owned by us or licensed to us by third
parties. We and our third-party licensors retain all right,
title, and interest in the
Services, including all patent, copyright, trademark, and trade secret rights therein.
The Services may not work with all hardware or devices. You are responsible for
obtaining, maintaining, and paying for all hardware, telecommunications, and
other services needed for you to use the Services. The Services may include
software applications that may make additional products and services available
to you (collectively, the Apps ). You may be required to download or use
specific software and Apps for certain components of the Services to function
properly.
3. Registration; Usernames and Passwords;
Communications. You may have to register an account with us to use
the Services. If you decide to register an account with us, you may need to
provide us with your name, email address, username, password, and other
necessary registration information to create and access your account. We may reject, or require that you change,
any username, password, or other information that you provide to us in
registering your account. Your username and password are for your personal use
only and must be kept confidential. You are responsible for the security of
your account and all actions associated with it. You must promptly notify us of
any confidentiality breach or unauthorized use of your username or password, or
your Services account. You may not sell or otherwise transfer your account to
another individual or entity without our prior written consent.
We may use telephonic or electronic
means to communicate with you when you use the Services, send us emails, when
we post a notice on the Services or send you emails, and to contact you about
the Services or other related real estate products and/or services. You: (a)
consent to receive communications, including notifications, from us in an
electronic form; (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications would satisfy if they
were in a hard copy writing; and (c) authorize us to contact you about the
Services or other real estate products or related services at the telephone
number and email address you provided, even if your number is on a federal,
state, or internal Do Not Call list, and to send marketing calls and texts to
you using an automated system for selection or dialing of numbers or
pre-recorded or artificial voice messages that relate to real estate products
or services. With respect to (c) in the immediately preceding sentence, your
consent is not required to purchase products or services
and you may unsubscribe at any time.
4. Information Collected Through the Services. With
respect to any information you provide to us through
the Services, you represent, warrant, and covenant that:
- You
have and will comply with all laws applicable to any information you
provide or access through the Services, including information that is
uploaded or synchronized with the Apps for which you have given consent to
use;
- The
information you provide is and will remain accurate and complete, and you
will maintain and update the information as needed; and
- You
have all necessary rights and permissions to authorize our processing of
such information under this Agreement.
By using our Services, you agree that we may automatically
collect information from you and your device while using our Services. This
information may include any actions you take on our websites or mobile
applications, including links visited, session details and duration, and what
you type into our websites or mobile applications. Additionally, you agree that
we may share the information we collect through the Services, including
Personal Information, with our Affiliated Entities (as defined in Section 13)
and other third parties. You also agree that we may collect, transmit, and
process information collected by the Services consistent with our Privacy Policy,
as updated over time.
5. Your Conduct. You represent,
warrant, and covenant that you will not:
- Use
the Services in any way or for any purpose that is unlawful, violates any
federal, state, or local laws or regulations, or for any other purpose
that is fraudulent, or otherwise tortious;
- Post,
transmit, or make available any materials through the Services 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 into or through the Services;
- Link,
integrate, or provide access to the Services or related infrastructure
without our prior explicit permission;
- Impersonate
someone else in relation to your activities on the Services;
- Transmit
any spam, chain letters, or other unsolicited communications through the Services;
- 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 such as any artificial intelligence (AI products and/or
tools) 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;
- Use
any robot, spider, site search/retrieval application or other manual or
automatic device such as any artificial intelligence (AI products and/or
tools) to develop machine learning models and/or train any artificial
intelligence (AI products and/or tools), including but not limited to the
use of any artificial intelligence (AI products and/or tools) to directly
or indirectly create, train, test, or otherwise improve any machine
learning algorithms or artificial intelligence systems, including any architectures,
models, or weights; or
- Use
any artificial intelligence (AI products and/or tools) to create content
that violates our rights, or any third-party rights, including but not
limited to copyright, trademark, privacy or other intellectual property
rights or privacy rights.
We may monitor your use of the Services to determine your
compliance with this Agreement. We may remove or refuse any data or material
included in the Services, in whole or in part, for any reason. We may disclose
information regarding your access to and use of the Services, and the
circumstances surrounding such access and use.
You acknowledge and agree that you are solely responsible
for identifying, interpreting, understanding, and complying with all applicable
federal, state, and local laws and regulations that apply to your use of the
Services, including selecting and engaging any legal counsel you may deem
necessary to ensure compliance therewith.
6. Third Party Materials; Links. Some
of the Services functionality may be provided by third parties, including Apps
(collectively, the Third Party Materials ), or allow for the routing or
transmission of such Third Party Materials, including
via links. By using such functionality, you are directing and permitting us to
access, route, and transmit to you the applicable Third Party
Materials.
We will only provide information to third parties where you
have requested us to do so, to enhance the Services, or to provide additional
functionality, and will only do so in compliance with our Privacy Policy.
We do not endorse, and make no representations or warranties related to, any
aspect of the Third Party Materials. The third-party
App providers may present you with their own terms, conditions, and policies
(the Third Party Terms ). You are solely responsible for reviewing and
complying with any Third Party Terms you agree to. For
your and the Services security, or for any other
reason deemed appropriate by us in our sole discretion, we may block or disable
access to any Third Party Materials (in whole or in
part) through the Services at any time and for any reason.
7. Artificial Intelligence. Some of
the Services functionality may incorporate or enable you to use artificial
intelligence (AI) provided by us or third parties. Should you choose to use
such functionality, you expressly acknowledge, understand, and agree that: (a)
the use of AI technologies entails inherent risks and uncertainties; (b) AI
systems may produce inaccurate or unreliable results due to limitations in data
quality, algorithmic biases, or unforeseen circumstances, and as such, you must
exercise caution and critically evaluate the outputs generated by AI systems
before making any decisions based on them or their output; (c) the collection,
storage, and processing of data pose privacy and security risks, and as such,
you should be aware of the potential for unauthorized access, data breaches, or
misuse of Personal Information associated with AI systems provided by third
parties; and (d) the complexity and unpredictability of AI systems may lead to
unexpected output, unforeseen consequences, or unintended side effects, and as
such, you should thoroughly review all AI generated output provided and confirm
such output is factually accurate, suitable for its intended use, and complies
with all applicable federal, state, and local laws and regulations (including
any multiple listing service regulations or equivalents) as they pertain to
your intended use.
8. Transactions. You may have the
ability to purchase products, services, or access to Apps through the Services
(each a Transaction ). To initiate and complete a Transaction, you may be
asked to supply information, such as your credit card number and its expiration
date and your billing address. You represent and warrant that you have the
right to use the credit card you use in connection with a Transaction, and you grant to us the right to provide such information to third
parties for the purposes of facilitating Transactions. Verification of
information may be required prior to the acknowledgment or completion of any
Transaction.
We may: (a) impose conditions on the honoring of any coupon,
discount, or similar promotion; (b) prevent any user from making any
Transaction; or (c) refuse to provide any user with any product, Services or
App. Unless otherwise specifically stated, all Transactions are final,
non-cancellable, and non-refundable. You must pay all charges incurred by you
or on your behalf at the prices in effect when such
charges are incurred. Additionally, you are responsible for any taxes
applicable to your Transactions.
9. Feedback. If you provide to us
any ideas, proposals, suggestions, or other materials through the Services
( Feedback ), such Feedback will be deemed a Submission (as defined in Section
10), and you hereby acknowledge and agree that such Feedback is not confidential,
and that your provision of such Feedback is gratuitous, unsolicited, and
without restriction, and does not place us under any fiduciary or other
obligation.
10. Submissions. With respect
to any posts, blogs, reviews, testimonials, comments, or similar content you
make available to us through the Services (each, a Submission ), you grant to
us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual,
irrevocable, transferable and fully sublicensable (through multiple tiers)
license, without additional consideration to you or any third-party, to
reproduce, distribute, perform and display (publicly or otherwise), create
derivative works of, adapt, modify and otherwise use, analyze and exploit such
Submission for any purpose consistent with our Privacy Policy,
to the extent a Submission includes any Personal Information) , in any format
or media.
11. Our Proprietary Rights. We and
our third-party licensors (as applicable) own the Services, which are protected
by United States and international intellectual property and 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, or 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 in the Services should be construed as granting any right to use any
trade names, trademarks, service marks, logos, copyrightable works or other
content, information, or materials without the express prior written consent of
the owner.
12. 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.
13. Limitation of Liability. UNDER
NO CIRCUMSTANCES WILL KW, ITS AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR REPRESENTATIVES
(COLLECTIVELY, THE AFFILIATED ENTITIES ) BE LIABLE FOR ANY LOST PROFITS,
REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR
PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT. THE AGGREGATE LIABILITY OF
THE AFFILIATED ENTITIES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (A)
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 (B) FIFTY DOLLARS
($50.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR DISSATISFACTION WITH THE
SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS)
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 THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
14. Indemnity. You agree to, and
will defend, indemnify and hold harmless the Affiliated Entities, and their
respective successors and assigns, from and against all claims, liabilities,
damages, judgments, awards, losses, costs, expenses and fees (including attorneys
fees and expenses) arising out of, relating to, or resulting from: (a) your use
of, or activities arising out of, relating to, resulting from, or in connection
with, this Agreement, the Services (including all Submissions and Third Party
Materials) or the Other Services; or (b) any violation or alleged violation of
this Agreement by you.
15. 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
if we believe that you have violated or acted inconsistently with 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) the representations, warranties, and covenants of the Parties
contained herein 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.
16. Governing Law; Dispute Resolution; Class
Action Waiver. 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, WHETHER BASED
IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY
(EACH, A DISPUTE ), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION
INSTEAD OF IN COURT BY A JUDGE OR JURY.
In the event of a Dispute, each Party will promptly appoint
a knowledgeable, responsible, and authorized representative to meet and
negotiate in good faith to resolve the Dispute. The location, form, frequency,
duration, and conclusion of these discussions will be left to the discretion of
the representatives during the ninety (90) days following appointment of the
representatives for the Parties. Discussions and correspondence among the
representatives are solely for purposes of a prospective settlement of the
Dispute and are exempt from any discovery and/or production in any future
proceedings and will not be admissible therein without the concurrence of the
Parties.
If a Dispute cannot be settled through these discussions,
the Parties agree to attempt to settle the dispute by mediation administered by
the American Arbitration Association under its Commercial Mediation Procedures
during the ninety (90) days following termination of the discussions of the
representatives for the Parties. Mediation shall be in Austin, TX U.S.A. The
Parties will cooperate with one another in selecting a mediation service and
will cooperate with the mediation service, and with one another, in selecting a
neutral mediator and in scheduling the mediation proceedings. The mediator s
fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute
following mediation shall be settled by arbitration administered by the
American Arbitration Association in accordance with its Commercial Arbitration
Rules and judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof. Claims shall be heard by a single
arbitrator. The place of arbitration shall be Austin, TX U.S.A.
Time is of the essence for any arbitration under this
Agreement and all arbitration hearings shall take place within one hundred
fifty (150) days of filing and any final award
rendered within one hundred eighty (180) days of filing, with the arbitrator
agreeing to these limits prior to accepting appointment. In making
determinations regarding the scope of exchange of electronic information, the
arbitrator and the Parties shall be guided by The Sedona Principles, Third
Edition: Best Practices, Recommendations & Principles for Addressing
Electronic Document Production.
The arbitrator will have no authority to award punitive or
other damages not measured by the prevailing Party s actual damages, except as
may be required by statute. The arbitrator shall award to the prevailing Party,
if any, as determined by the arbitrator, all of their
costs and fees (e.g., reasonable pre-award expenses of the arbitration,
including arbitrator fees, administrative fees, travel expenses, out-of-pocket
expenses such as copying and telephone charges, witness fees, and attorneys
fees). Except as may be required by applicable law, neither a Party nor an
arbitrator may disclose the existence, content, or results of any arbitration
hereunder without the prior written consent of both Parties. The Parties agree
that failure or refusal of a Party to pay its required share of the deposits
for arbitrator compensation or administrative charges shall constitute a waiver
by that Party to present evidence or cross-examine witnesses.
YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT
WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS
ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO
TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE
TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
17. Information or Complaints. If
you have a question or concern regarding the Services, please complete and
submit the form located here. You may also contact us by calling us at (512)
306-7191. Please note that email communications are not necessarily secure.
Accordingly, you should not include Personal Information, payment information,
or other sensitive information in your email correspondence with us. 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.
18. 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 or email, 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, LLC
Legal Department
1221 S. Mopac Expressway, Suite 400
Austin, Texas 78746
Email: 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.
19. Export Controls; International Use. You
are responsible for complying with United States export controls and for any
violation of such controls, including any United States embargoes or other
federal rules and regulations restricting exports. You represent, warrant and
covenant that you are not: (a) located in, or a resident or a national of, any
country subject to a U.S. government embargo or other restriction, or that has
been designated by the U.S. government as a terrorist supporting country; or
(b) on any of the U.S. government lists of restricted end users. We make no
representation that the Services are appropriate, will be available for use, or
will function as intended in locations outside the United States, and access to
the Services from territories where such Services are illegal is prohibited. If
you choose to access the Services from locations outside the United States, you
do so at your own risk and are solely responsible for compliance with
applicable local laws and regulations. Additionally, if you access or use the
Services from outside the United States, your information may be transferred
to, stored, and processed in the United States where our servers may be
located, and you hereby consent to such transfer, storage, and processing of
your information to and in the United States.
The Services are not intended for distribution to, or use
by, any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation, or that would subject us or our
Affiliated Entities to any registration requirement within such jurisdiction or
country.
20. 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. You acknowledge and agree that, except as otherwise expressly provided
in this Agreement, there will be no third-party beneficiaries to this
Agreement. 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 or all 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.
Any of the term Personal Information in this Agreement will have the meaning
given to it in our Privacy Policy. This Agreement, including any terms and
conditions incorporated herein and any addenda hereto, is the entire agreement
between you and us regarding its subject matter, and supersedes any 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 email
(including in each case via links) to the most recent email 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.