Terms of Service
Effective Date: August 25, 2026
Last Updated: August 25, 2026
These Terms of Service (“Terms”) govern your access to and use of https://www.klasrealestate.com/, including its webpages, forms, Broker Opinion of Value requests, demographic tools and reports, downloadable materials, educational resources, and other website features collectively referred to as the “Website.”
The Website is owned and operated by KLAS Solutions, LLC, doing business through its healthcare and dental real estate services as KLAS Real Estate (“KLAS,” “we,” “us,” or “our”).
By accessing or using the Website, requesting a consultation, submitting information, requesting or purchasing a Broker Opinion of Value, downloading materials, or otherwise interacting with the Website, you acknowledge that you have read, understood, and agree to these Terms.
If you do not agree to these Terms, do not use the Website.
1. Website Purpose
KLAS Real Estate provides information and services relating to commercial real estate for dental, medical, veterinary, allied-health, and other healthcare practices.
Services described on the Website may include:
- Buyer representation;
- Tenant representation;
- Seller representation;
- Lease negotiation and renewal;
- Commercial property acquisition;
- Commercial property disposition;
- Site selection;
- Demographic and competitive-market analysis;
- Broker Opinions of Value;
- Property marketing;
- Location strategy;
- Lease-versus-purchase analysis;
- Build-versus-lease analysis;
- Letters of intent and transaction coordination;
- Financing coordination;
- Build-out and tenant-improvement coordination;
- Referrals to legal, lending, construction, accounting, and other professionals; and
- Related commercial real-estate advisory services.
Website descriptions are general summaries only.
The specific scope of brokerage or advisory services, agency relationships, commissions, fees, duties, property-specific terms, and other obligations will be established through separate written agreements and disclosures as required by applicable law.
2. Licensed Real Estate Professionals
Real-estate brokerage activities are provided through appropriately licensed real-estate professionals in the state where the applicable property is located.
KLAS works nationally through a network of licensed brokers and real-estate professionals.
The availability and structure of services may therefore vary depending on:
- The location of the property;
- Applicable state licensing laws;
- Brokerage relationships;
- Agency requirements;
- Local regulations;
- Professional licensing restrictions; and
- The involvement of cooperating or referral brokers.
Nothing on the Website represents that KLAS Solutions, LLC itself holds every type of real-estate license in every state.
Where applicable law requires services to be performed by or through a licensed broker or brokerage, those services will be provided through an appropriately licensed professional or entity.
3. No Brokerage or Agency Relationship Created by Website Use
Viewing the Website, completing a form, requesting information, speaking with an advisor, requesting a Broker Opinion of Value, or scheduling a consultation does not by itself establish:
- A broker-client relationship;
- A fiduciary relationship;
- An agency relationship;
- An exclusive representation agreement;
- A listing agreement;
- A buyer representation agreement;
- A tenant representation agreement; or
- Any other professional relationship.
A brokerage or agency relationship is established only through an appropriate written agreement or other process recognized by applicable state law.
Until such a relationship has been established, you should not assume that KLAS or any broker associated with KLAS represents you or owes you fiduciary duties.
Any duties owed following establishment of a brokerage relationship will be determined by the applicable written agreement and the laws of the jurisdiction where the property is located.
4. State-Specific Brokerage Laws
Commercial real-estate brokerage laws differ by state.
A transaction involving property outside South Carolina may be subject to the:
- Licensing laws;
- Agency laws;
- Disclosure requirements;
- Real-estate commission regulations;
- Advertising requirements;
- Brokerage rules; and
- Other laws
of the state where the property is located.
These Website Terms do not modify or eliminate any duties imposed on licensed real-estate professionals by applicable state law.
If a provision of these Terms conflicts with a mandatory real-estate licensing or brokerage requirement applicable to a particular transaction, the applicable law controls.
5. Buyer and Tenant Representation
KLAS may assist buyers and tenants with services such as:
- Location strategy;
- Market searches;
- Property identification;
- Site evaluation;
- Demographic analysis;
- Competitive analysis;
- Lease-versus-buy analysis;
- Property tours;
- Letters of intent;
- Lease negotiations;
- Purchase negotiations;
- Tenant-improvement allowances;
- Rent concessions;
- Renewal options;
- Exclusivity provisions;
- Financing coordination; and
- Transaction management.
The exact services provided will depend upon the applicable engagement agreement.
The buyer or tenant remains responsible for independently evaluating the property and determining whether it is appropriate for the intended use.
6. Seller and Landlord Representation
Where KLAS or an associated licensed professional represents a property owner, services may include:
- Pricing and positioning recommendations;
- Broker Opinions of Value;
- Property marketing;
- Commercial listing services;
- Creation of marketing materials;
- Listing on commercial marketplaces;
- Buyer outreach;
- Offer analysis;
- Negotiation;
- Transaction coordination; and
- Closing support.
KLAS does not guarantee that:
- A property will sell;
- A property will sell within a particular period;
- A buyer will offer a particular price;
- An accepted transaction will close;
- A buyer will obtain financing; or
- The seller will achieve a particular financial result.
7. Tenant Representation Fees
The Website may describe certain tenant-representation services as being provided at no direct cost to the tenant because compensation is generally paid by the landlord or listing side of the transaction.
This does not mean that brokerage services are performed without compensation.
Brokerage compensation may be paid by:
- A landlord;
- A property owner;
- A listing broker;
- A cooperating broker;
- Another brokerage;
- A transaction participant; or
- Another party as permitted by applicable law.
The compensation structure for a particular engagement will be disclosed as required by applicable law and any applicable brokerage agreement.
Compensation arrangements may vary by transaction and jurisdiction.
8. Commissions and Other Brokerage Fees
Fees and commissions relating to property purchases, sales, listings, lease transactions, referrals, or other brokerage services will be governed by the applicable written agreement and applicable law.
Unless specifically stated in writing, Website references to fees or compensation do not establish the compensation terms for a particular transaction.
You are responsible for reviewing any brokerage, listing, tenant-representation, buyer-representation, referral, commission, or other agreement before signing it.
9. Broker Opinions of Value
KLAS offers a Broker Opinion of Value (“BOV”) designed to provide a market-based estimate of commercial real-estate value.
A BOV may consider information such as:
- Comparable sales;
- Comparable leases;
- Property characteristics;
- Market conditions;
- Replacement-cost information;
- Capitalization rates;
- Rental income;
- Occupancy;
- Location;
- Property use;
- Market demand; and
- Other information considered relevant by the preparing real-estate professional.
Unless expressly stated otherwise, a KLAS BOV is a broker’s opinion of market value and is not a certified real-estate appraisal.
10. BOV Is Not an Appraisal
A Broker Opinion of Value should not be treated as:
- A certified appraisal;
- An appraisal prepared under the Uniform Standards of Professional Appraisal Practice (“USPAP”), unless expressly stated;
- A lender-required appraisal;
- A tax appraisal;
- An eminent-domain appraisal;
- A litigation appraisal;
- An estate or probate appraisal;
- A fairness opinion;
- A guarantee of sale price; or
- A guarantee that another broker, appraiser, buyer, lender, taxing authority, court, or government agency will reach the same conclusion.
Where a certified appraisal is required, you should retain an appropriately licensed or certified real-estate appraiser.
11. BOV Assumptions and Limitations
Unless otherwise stated in the applicable BOV, KLAS may rely on information supplied by the property owner, client, public records, third-party databases, brokers, listing services, or other sources believed to be reasonably reliable.
KLAS is not required to independently verify every item of information.
The usefulness or accuracy of a BOV may be affected by:
- Incorrect property information;
- Undisclosed leases;
- Environmental conditions;
- Deferred maintenance;
- Structural problems;
- Zoning restrictions;
- Title problems;
- Easements;
- Encroachments;
- Tax issues;
- Unrecorded agreements;
- Inaccurate square footage;
- Changes in interest rates;
- Changes in market conditions;
- Property-condition issues;
- Undisclosed liabilities; or
- Other facts not known when the BOV is prepared.
A BOV reflects conditions as of its stated valuation date and may become outdated.
12. No Guarantee of Property Value
Real-estate values are inherently uncertain.
Any asking price, valuation, BOV, comparable analysis, capitalization-rate analysis, replacement-cost estimate, rental projection, financial analysis, or recommended transaction price is an opinion or estimate.
KLAS does not guarantee:
- A future sales price;
- A future rental rate;
- Property appreciation;
- Property liquidity;
- Investment performance;
- Future capitalization rates;
- Financing availability;
- Future occupancy;
- Tax treatment; or
- The financial performance of a property.
The ultimate value of a property is determined by market participants and may differ materially from an estimate.
13. Demographic and Competitive Analysis
KLAS may provide proprietary or third-party demographic, competitive, location, market, and marketing analysis to assist with site-selection and real-estate decisions.
Data may include information concerning:
- Population;
- Household characteristics;
- Income;
- Growth trends;
- Healthcare-provider density;
- Competing practices;
- Practice locations;
- Local marketing activity;
- Traffic;
- Commercial development;
- Consumer behavior;
- Market demand; and
- Other market characteristics.
Such data is intended to assist decision-making but should not be considered a guarantee of business success.
14. Limitations of Demographic Information
Demographic, competitive, and market data may originate from public records, commercial databases, third-party data providers, search engines, advertising platforms, websites, or proprietary KLAS analysis.
Although KLAS seeks to use information reasonably believed to be useful and reliable, KLAS does not warrant that demographic or competitive data is:
- Complete;
- Error-free;
- Current;
- Comprehensive;
- Appropriate for every business model; or
- Predictive of future practice performance.
Businesses may open, close, relocate, change ownership, change marketing activity, or otherwise change after data is collected.
The client is responsible for evaluating whether a particular location is appropriate for its business.
15. Site Selection
KLAS may provide recommendations concerning potential practice locations.
Site-selection analysis may consider factors such as demographics, competition, accessibility, visibility, traffic, parking, zoning, property condition, lease economics, construction requirements, and market characteristics.
A site-selection recommendation does not guarantee:
- Patient volume;
- Practice profitability;
- Production;
- Collections;
- Market share;
- Successful recruitment;
- Financing approval;
- Zoning approval;
- Permit approval; or
- Business success.
The client remains responsible for making the final site-selection decision.
16. Property Inspections and Due Diligence
KLAS is not a substitute for professional property due diligence.
Before purchasing, leasing, developing, or investing in property, clients should obtain appropriate independent inspections and professional reviews, which may include:
- Property-condition inspections;
- Structural inspections;
- Roofing inspections;
- HVAC inspections;
- Plumbing inspections;
- Electrical inspections;
- Environmental assessments;
- Surveying;
- Title review;
- Zoning review;
- Building-code review;
- Accessibility review;
- Flood-zone review;
- Insurance review;
- Lease review;
- Tax review; and
- Other appropriate investigation.
Unless specifically agreed in writing, KLAS does not warrant the physical condition of any property.
17. Environmental Conditions
KLAS does not provide environmental engineering, environmental testing, hazardous-material inspection, or environmental legal advice.
Clients should retain qualified environmental professionals where appropriate to evaluate risks such as:
- Asbestos;
- Mold;
- Lead;
- Radon;
- Underground storage tanks;
- Contaminated soil;
- Groundwater contamination;
- Hazardous materials; or
- Other environmental conditions.
KLAS does not guarantee that a property is free from environmental hazards.
18. Zoning, Permitting, and Intended Use
Healthcare and dental facilities may be subject to zoning, building-code, occupancy, accessibility, parking, signage, plumbing, medical-gas, radiation-equipment, healthcare-facility, or other requirements.
A property’s current or prior use does not guarantee that your intended use will be permitted.
Clients are responsible for confirming with qualified professionals and government authorities that a property can lawfully and practically be used for the intended purpose.
KLAS does not guarantee zoning approvals, permits, certificates of occupancy, licenses, or governmental approvals.
19. Construction and Build-Out
KLAS may assist clients in evaluating tenant improvements, build-out allowances, construction timing, or other facility considerations.
KLAS does not provide architectural, engineering, construction, contracting, environmental, or building-code services unless expressly stated in a separate written agreement and performed by an appropriately licensed professional.
Any construction cost, build-out allowance, timeline, or improvement estimate is subject to change.
Clients should obtain independent professional estimates before making construction decisions.
20. Lease Negotiations
KLAS may assist with business and financial aspects of commercial lease negotiations, including:
- Base rent;
- Rent escalation;
- Lease term;
- Renewal options;
- Tenant-improvement allowances;
- Free-rent periods;
- Exclusivity provisions;
- Assignment provisions;
- Expansion options;
- Signage;
- Operating expenses; and
- Common-area maintenance charges.
KLAS is not a law firm and does not provide legal advice.
Clients should have leases, amendments, guarantees, letters of intent, purchase agreements, and other legal documents reviewed by qualified legal counsel before execution.
21. Letters of Intent
KLAS may assist with preparing, reviewing, negotiating, or communicating business terms contained in a letter of intent (“LOI”).
Unless expressly stated otherwise, KLAS does not provide legal advice regarding the enforceability or legal effect of an LOI.
Some LOI provisions may be legally binding even when other provisions are nonbinding.
You should obtain legal review before signing an LOI.
22. Purchase and Sale Agreements
Purchase agreements, sale agreements, deeds, financing documents, leases, guarantees, assignments, easements, title documents, and other transaction documents can create substantial legal obligations.
KLAS may assist with the business and negotiation aspects of a transaction but does not replace an attorney.
Clients are strongly encouraged to retain qualified real-estate counsel before executing material transaction documents.
23. No Legal, Tax, Accounting, Investment, or Financial Advice
Unless expressly stated in a separate written agreement and provided by an appropriately qualified professional, KLAS does not provide:
- Legal advice;
- Tax advice;
- Certified public accounting services;
- Investment advice;
- Securities advice;
- Financial-planning advice;
- Engineering advice;
- Architectural advice;
- Environmental advice;
- Insurance advice; or
- Certified appraisal services.
Clients should consult qualified professionals concerning these matters.
24. Financing
KLAS may introduce clients to lenders or help coordinate financing discussions.
KLAS does not guarantee:
- Loan approval;
- Loan amount;
- Interest rate;
- Down-payment requirement;
- Loan terms;
- Closing costs;
- Underwriting decisions;
- Appraised value; or
- Closing.
Lending decisions are made solely by the applicable lender.
Unless expressly stated otherwise, KLAS is not acting as a mortgage broker, lender, investment adviser, or financial institution.
25. Independent Professionals and Vendors
KLAS may introduce or coordinate with:
- Attorneys;
- Accountants;
- Lenders;
- Architects;
- Engineers;
- Contractors;
- Inspectors;
- Appraisers;
- Insurance professionals;
- Property managers;
- Developers;
- Title companies;
- Surveyors;
- Environmental consultants;
- Technology providers; or
- Other professionals.
Unless expressly stated otherwise, these parties are independent from KLAS.
KLAS does not control and is not responsible for their:
- Advice;
- Fees;
- Licensing;
- Work product;
- Availability;
- Errors or omissions;
- Cybersecurity;
- Professional conduct; or
- Performance.
Clients are responsible for independently evaluating and selecting third-party professionals.
A referral does not constitute a guarantee or warranty of performance.
26. Property Listings and Third-Party Information
The Website or KLAS marketing materials may contain property descriptions, photographs, floor plans, square footage, rents, sale prices, tax information, maps, financial information, or other data supplied by property owners, listing brokers, public records, or third parties.
KLAS does not guarantee that third-party information is complete or accurate.
Property information may change without notice.
Prospective buyers and tenants are responsible for independently verifying information material to their decision.
27. Property Availability
A property displayed, discussed, marketed, or recommended by KLAS may:
- Be withdrawn from the market;
- Become unavailable;
- Be leased or sold to another party;
- Experience a price change;
- Receive competing offers;
- Become subject to different terms; or
- Otherwise change status without notice.
KLAS does not guarantee the continued availability of any property.
28. Confidentiality of Real Estate Opportunities
Certain properties or opportunities may be marketed confidentially.
If you receive confidential information concerning a property, seller, landlord, buyer, tenant, or transaction, you agree to use that information solely for evaluating the potential transaction and to comply with any applicable confidentiality agreement.
You may not disclose confidential transaction information to competitors, employees, brokers, media, or other third parties except as authorized.
29. Client Information
By submitting information through the Website or to KLAS, you represent that:
- The information is accurate and not materially misleading;
- You have authority to provide it;
- You have obtained any permissions required for its disclosure;
- Disclosure does not violate another party’s rights or contractual obligations; and
- KLAS may use the information to respond to your inquiry or perform agreed services.
KLAS may rely on information provided by clients and is not responsible for errors resulting from materially inaccurate, incomplete, or withheld information.
30. Website Forms
The Website may allow you to submit information concerning yourself, your practice, or real property.
Information requested may include:
- Name;
- Email address;
- Telephone number;
- Business information;
- Website address;
- Property address;
- Property size;
- Property type; and
- Information concerning a proposed transaction.
Submission of a form does not obligate you to engage KLAS and does not obligate KLAS to accept an engagement.
KLAS may contact you in response to the inquiry using the information you provide.
31. Broker Opinion of Value Purchases
Where a Broker Opinion of Value is offered for a stated fee, the purchase will be subject to the terms disclosed at the time of purchase.
Unless otherwise expressly stated:
- Payment is required before completion of the BOV;
- Work may begin after the requested property information is received;
- The fee is for preparation of the BOV and not for a guaranteed valuation result;
- Payment does not obligate the owner to list the property with KLAS;
- Purchasing a BOV does not itself create an exclusive listing agreement; and
- Separate brokerage agreements are required for subsequent listing or representation services.
32. Refunds for Broker Opinions of Value
Unless otherwise stated at checkout or in writing:
- A BOV fee may be refunded before substantive valuation work begins;
- Once substantive research or valuation work has begun, the fee may become nonrefundable;
- A disagreement with the resulting opinion of value does not by itself entitle the purchaser to a refund; and
- KLAS may issue a refund where KLAS determines that it cannot reasonably complete the requested BOV.
Nothing in this section limits consumer rights that cannot legally be waived.
33. Payments
Prices are stated in U.S. dollars unless otherwise indicated.
By submitting payment information, you represent that:
- You are authorized to use the payment method;
- The billing information provided is accurate;
- You authorize the stated charges; and
- You will pay applicable fees and taxes.
Payments may be processed by Stripe or another independent payment processor.
KLAS does not necessarily receive or store complete payment-card information.
Payment processors operate under their own terms and privacy policies.
34. No Investment Recommendation
Commercial real estate can involve substantial financial risk.
Information provided through the Website is not a recommendation to make a particular real-estate investment.
KLAS does not guarantee that purchasing, selling, owning, leasing, building, or investing in a particular property will be financially beneficial.
Clients should independently evaluate:
- Cash flow;
- Financing;
- Tax consequences;
- Opportunity cost;
- Capital requirements;
- Market risks;
- Property risks;
- Business risks; and
- Alternative investments
with appropriate professional advisers.
35. Healthcare Practice Considerations
Dental and healthcare properties may involve specialized infrastructure and operational requirements.
KLAS may discuss considerations such as:
- Plumbing;
- Electrical capacity;
- Medical gas;
- Dental equipment;
- X-ray equipment;
- Accessibility;
- Patient flow;
- Parking;
- Signage;
- Sterilization areas;
- Operatories;
- Specialty equipment; or
- Healthcare-specific build-outs.
Such discussions are advisory only and do not replace architectural, engineering, clinical, code, licensing, or construction review.
36. Intellectual Property
The Website and its content—including text, graphics, logos, photographs, videos, market reports, demographic tools, methodologies, reports, designs, software, databases, and downloadable materials—are owned by KLAS or used with permission.
These materials are protected by copyright, trademark, trade-secret, and other intellectual-property laws.
KLAS grants you a limited, revocable, nonexclusive, nontransferable license to access the Website for lawful personal or internal business purposes.
Without prior written permission, you may not:
- Copy or republish substantial Website content;
- Reproduce proprietary reports or demographic analyses;
- Sell or sublicense KLAS materials;
- Systematically extract Website data;
- Scrape proprietary market or demographic information;
- Reverse engineer proprietary software;
- Circumvent security or access controls;
- Use KLAS branding in a way suggesting unauthorized affiliation;
- Remove proprietary notices; or
- Use proprietary KLAS materials to develop a competing commercial product or service.
“KLAS,” “KLAS Solutions,” “KLAS Real Estate,” and associated names and logos may be trademarks or service marks of KLAS Solutions, LLC.
37. Acceptable Use
You agree not to use the Website to:
- Violate applicable law;
- Submit fraudulent or misleading information;
- Impersonate another person;
- Upload harmful software;
- Attempt unauthorized access;
- Interfere with Website operation;
- Conduct unauthorized security testing;
- Harvest information about other users;
- Infringe intellectual-property rights;
- Circumvent payment or access restrictions;
- Submit information you are not authorized to disclose; or
- Use KLAS data or content to create an unauthorized competing database or service.
KLAS may restrict or terminate access where it reasonably believes these Terms have been violated.
38. Third-Party Websites and Platforms
The Website may link to or use third-party services including:
- Commercial listing platforms;
- Mapping services;
- Scheduling systems;
- Payment processors;
- Videoconferencing services;
- Social-media platforms;
- Property-data services;
- Lenders; or
- Other third-party resources.
Third-party services operate under their own terms and privacy policies.
KLAS does not control and is not responsible for third-party content, availability, security, accuracy, services, or conduct.
39. Privacy
Your use of the Website is also governed by the KLAS Real Estate Privacy Policy.
By using the Website, you acknowledge that information may be collected, used, stored, and disclosed as described in that policy.
You are responsible for ensuring that you have appropriate authority to provide information concerning another person, company, practice, or property.
40. Electronic Communications
By submitting a Website form, requesting a BOV, scheduling a consultation, or otherwise communicating electronically with KLAS, you consent to receive communications relating to your request or relationship with KLAS.
Communications may include:
- Email;
- Telephone calls;
- Text messages;
- Electronic documents;
- Transaction updates;
- Scheduling messages; and
- Service-related communications.
Consent to promotional marketing communications is not a condition of purchasing services.
Where promotional messages are sent, you may opt out as provided in those communications.
41. Website Availability
KLAS may modify, suspend, withdraw, or discontinue any portion of the Website.
KLAS does not warrant that:
- The Website will always be available;
- Access will be uninterrupted;
- Information will always be current;
- Defects will immediately be corrected;
- Property information will remain available; or
- The Website will be free of harmful components.
42. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
KLAS DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- COMPLETENESS; AND
- QUIET ENJOYMENT.
KLAS DOES NOT WARRANT THAT PROPERTY DATA, MARKET INFORMATION, DEMOGRAPHIC DATA, VALUATIONS, BOVs, FINANCIAL ANALYSES, OR OTHER INFORMATION WILL BE COMPLETE, ERROR-FREE, CURRENT, OR APPROPRIATE FOR A PARTICULAR TRANSACTION.
Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply.
43. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KLAS SOLUTIONS, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, BROKERS, AGENTS, AFFILIATES, REFERRAL PARTNERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO:
- Website use;
- Reliance on Website information;
- Property information supplied by third parties;
- A Broker Opinion of Value;
- Demographic or market information;
- Site-selection decisions;
- Lease, purchase, sale, construction, or financing decisions;
- Lost revenue, profits, opportunities, goodwill, or data;
- Failure of a transaction to close;
- Property defects;
- Third-party professional services;
- Financing decisions;
- Market changes;
- Property-value changes;
- Governmental approvals;
- Website interruptions; or
- Security incidents.
TO THE FULLEST EXTENT PERMITTED BY LAW, KLAS’S TOTAL LIABILITY ARISING EXCLUSIVELY FROM GENERAL WEBSITE USE OR A WEBSITE-PURCHASED BOV WILL NOT EXCEED THE GREATER OF:
- The amount you paid KLAS for the specific Website service giving rise to the claim during the preceding twelve months; or
- One hundred U.S. dollars ($100).
Liability relating to services provided under a separate brokerage, listing, tenant-representation, buyer-representation, referral, or other engagement agreement will be governed by that agreement and applicable state real-estate law.
Nothing in these Terms eliminates a duty or liability that cannot legally be waived under applicable real-estate licensing law.
44. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless KLAS Solutions, LLC and its owners, officers, employees, contractors, brokers, agents, and affiliates from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from:
- Your unlawful or unauthorized use of the Website;
- Information you submit;
- Your violation of these Terms;
- Your violation of another person’s rights;
- Your failure to disclose material information you were required to disclose;
- Your submission of information you were not authorized to provide;
- Your fraud or willful misconduct; or
- Your material misrepresentation.
This section does not require indemnification where prohibited by applicable law.
45. Governing Law for Website Terms
These Terms, to the extent they relate solely to general use of the Website, are governed by and interpreted under the laws of the State of South Carolina, without regard to conflict-of-law principles.
46. Real Estate Transactions in Other States
The governing law applicable to a specific property transaction may differ from the law governing general Website use.
Brokerage, agency, licensing, property, transaction, disclosure, commission, and other real-estate matters may be governed by the law of the state where the property is located.
A separate brokerage or representation agreement may therefore specify a different governing law, venue, dispute-resolution procedure, or regulatory authority.
Where there is a conflict, applicable mandatory real-estate law and the applicable transaction agreement will control.
47. Informal Dispute Resolution
Before filing a lawsuit arising solely from general Website use, the complaining party must provide written notice describing:
- The nature of the dispute;
- Relevant facts;
- The requested relief; and
- Contact information.
The parties will make a good-faith effort to resolve the dispute informally for at least thirty days.
This requirement does not prevent either party from seeking immediate relief where reasonably necessary to protect confidential information, intellectual property, security, or other rights from imminent harm.
48. Venue for Website Disputes
Any legal action arising solely from general Website use and not governed by a separate real-estate or service agreement must be brought in a state or federal court having jurisdiction in Greenville County, South Carolina.
You and KLAS consent to the personal jurisdiction and venue of those courts.
This provision does not override mandatory jurisdiction, venue, administrative, arbitration, commission, or regulatory requirements applicable to a real-estate transaction in another state.
49. Time Limit for Website Claims
To the fullest extent permitted by law, a claim arising exclusively from general Website use must be filed within one year after the event giving rise to the claim.
This provision does not shorten a limitations period where prohibited by law and does not override a different limitations period established by applicable real-estate law or a separate written agreement.
50. Separate Transaction Agreements
Real-estate brokerage and advisory engagements may require separate documents, including:
- Buyer-representation agreements;
- Tenant-representation agreements;
- Listing agreements;
- Brokerage disclosures;
- Agency disclosures;
- Commission agreements;
- Referral agreements;
- BOV engagement terms;
- Confidentiality agreements; or
- Other state-specific forms.
If these Website Terms conflict with a properly executed transaction-specific agreement, the transaction-specific agreement controls with respect to that engagement.
51. Termination of Website Access
KLAS may restrict or terminate Website access if you:
- Violate these Terms;
- Misuse Website resources;
- Threaten Website security;
- Engage in fraudulent conduct;
- Infringe intellectual-property rights; or
- Use the Website unlawfully.
Sections that by their nature should survive termination—including intellectual-property provisions, disclaimers, limitations of liability, indemnification, and dispute provisions—will continue to apply.
52. Changes to These Terms
KLAS may update these Terms periodically.
The revised Terms will be posted on the Website with an updated “Last Updated” date.
Changes become effective when posted unless a later effective date is stated.
Continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms.
Changes to Website Terms do not automatically modify existing brokerage agreements or transaction-specific contracts.
53. Severability
If a provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable.
If modification is not possible, the provision will be severed and the remaining Terms will remain in effect.
54. No Waiver
KLAS’s failure to enforce a provision does not waive its right to enforce that provision later.
Any waiver must be in writing by an authorized representative.
55. Assignment
You may not assign your rights or obligations under these Terms without KLAS’s prior written consent.
KLAS may assign these Terms in connection with a merger, acquisition, corporate restructuring, asset sale, or transfer of the Website or related business operations.
This section does not modify assignment restrictions contained in a separate brokerage or transaction agreement.
56. Force Majeure
KLAS will not be liable for delay or failure caused by circumstances beyond its reasonable control, including severe weather, natural disaster, utility failure, internet outage, cyberattack, government action, labor disruption, civil unrest, epidemic, pandemic, transportation disruption, or failure of a third-party provider.
57. Entire Agreement
These Terms, together with the KLAS Real Estate Privacy Policy and any terms specifically presented during a Website transaction, constitute the agreement concerning general Website use.
Separate agreements govern brokerage representation, property listings, tenant representation, buyer representation, transaction services, Broker Opinions of Value, and other professional engagements.
58. Contact Information
Questions regarding these Terms may be directed to:
KLAS Solutions, LLC
KLAS Real Estate
Website: https://www.klasrealestate.com/
Email: realestate@klassolutions.com
Telephone: 844-552-7100