relating to product enhancements or changes. Example of a Real Estate Agent Commission Split Calculator Take the total commission rate and divide it by two. The Productivity Coach(s) are Independent Contractor with Keller Williams and is a licensed Broker in the Commonwealth of Pennsylvania. ( /@ agJa`u@A!a aQ%4;LL+X0e(d`a`n@*%Pke_@pA Y-4D0(u11b`Z hVC* w 2,c[2_iF`gkX)~>@K)TmjJ[l,f$c([B"a!cP,w`$0 l+20@Lg0 Eb endstream endobj 188 0 obj <>/Metadata 31 0 R/PageLayout/OneColumn/Pages 185 0 R/StructTreeRoot 74 0 R/Type/Catalog>> endobj 189 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 190 0 obj <>/Subtype/Form/Type/XObject>>stream EMC of this Agreement, or such other address as a party may specify by written notice to the other party. If the referral was made to an Agent at Keller Williams Princeton, 90% to the Referral Agent, with 10% to NJRRE. (5/100) x 200,000 = 10,000. 3 0 obj ML is expected to solicit continuous feedback through feedback methods including, but not limited to, presence at KW Family Reunion, Mega Camp, ATC event, tech masterminds and KW led focus groups when requested Real Estate Sales Agent - New or Experienced. The commission split is the fee a brokerage collects from an agent it employs on each real estate transaction. Fzf Taking a Draw When the real estate company agrees to pay the salesperson in advance of commissions. current or future technologies, products, services, sales and marketing plans, customers, business plans, financial information, and prospects; the existence of this Agreement; and information received from others that Disclosing Party is obligated 80/20) Higher performing agents often get better splits. PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. one-half percent (1 1/2%)per month, accrued and compounded daily from the date due until paid. This Agreement may be executed in counterparts, each of which shall be deemed to be an original instrument, but all such These "Terms and Conditions" are the only terms that govern the provision of [] Program Information. This Agreement may not be amended or waived, except pursuant to a written detail and the non-breaching partys intention to terminate (a Termination Notice). terms hereof or any material terms of an applicable SOW, which breach is not cured within thirty (30)days after written notice thereof by the other party, then the non-breaching party may immediately terminate this Agreement or the applicable Reduce risk of employee misclassification Receiving EMC Set Up the ListHub Connector (s): Your Market Center must have a ListHub KW Connector account set up for each MLS you want ListHub to pull listings from. The current version of the TOU and PP, and any updates thereto, may be reviewed upon request to Market Leader. In order to help the KW Support Center provide Level 1 Support, Market Leader shall provide the following: Market Leader will provide a knowledge base of information in connection with the Products that KW Agents can utilize to answer commonly asked questions. DocHub v5.1.1 Released! by indemnifying party of any of indemnifying partys express obligations, representations or warranties under this Agreement, and/or (iii)any violation of copyright or other intellectual property rights of any third party in connection 0.5 0.5 0.5 rg Receiving Party may disclose Find the heading Agency in this article, then use the lines labeled Mailing Address, E-Mail, and Fax Number to record this entitys official mailing and current electronic contact information. The independent contractor agreement is there to hold all parties accountable for the success of the agreed work. eEdge offers the KW Associate a comprehensive marketing& client management system. Any provisions of this Agreement that may reasonably be interpreted to survive expiration or termination hereof, shall survive. Sections 3, 5, 7, 8, 9, 11, It is a natural occurrence in real estate sales for a firm to represent many owners, buyers, and tenants . Create a high quality document online now! the parties as set forth on Exhibit D. IN WITNESS WHEREOF, each party acknowledges that it has read and understood the terms of this SOW and Each party shall pay any costs reasonably incurred by the other in the collection of overdue amounts. 0000000596 00000 n Keller Williams Realty Empire- Brooklyn, NY. All rights reserved. The results 13:91 accounting burdens, and avoid union and collective bargaining agreements. standard license terms for such product (attached hereto as Exhibit B) and shall be delivered substantially in accordance with the timeline set forth in Exhibit C. Additional ala carte options to the Premium Package may be made available to KW understood the terms of this Agreement and agrees to be bound by these terms. Mediation shall occur within 120 days of a Party providing written notice that a claim exists. designed to attract and engage consumers, Differentiate themselves in the market by using world-class print and e-marketing tools, Engage more customers, more often with mobile access and tools that help you identify hot prospects in your database, Unlimited use of listing packages, Unlimited # of single property websites hosted at one Subject to the terms and conditions of this Agreement, including Addendum A hereof, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement. If ML terminates this Agreement, files for bankruptcy or insolvency, is sold to another company, or ceases to exist for Confidential Information Definition. disclosure to Receiving Party; (c)is independently developed by Receiving Party without use or reference to the Disclosing Partys Confidential Information; or (d)becomes available to Receiving Party from a source other than the 6.4 Severability; Survival. the authority to act for or bind the other party to any obligation. 2y.-;!KZ ^i"L0- @8(r;q7Ly&Qq4j|9 Capability and Features if agent opts-in to use Lite IDX, Integrated with MLS IDX feed (or KWLS feed where MLS IDX is not available), Integrated with MLS IDX feed (or KWLS feed where MLS IDX is not available), Weekly automated marketing report provided to endstream endobj 200 0 obj <>/Subtype/Form/Type/XObject>>stream Lead generating website for every Market Center, IDX website which can support multiple 6.1 Amendment. The prevailing Party in any action shall Press alt + / to open this menu. The Basic Package (as defined in Exhibit A) shall be made available to all KW Associates (as defined below) [*] pursuant to MLs standard license terms for such product (attached hereto as #R9h\;2shw^lm. Notices shall be deemed given upon the earlier of actual receipt or five (5)days after transmittal. Rescue Partner Information and Application, Rescue Partner Information and Application - Animal Services, Self-Exclusion Form (CGCC-037, Rev. Barbara A Reinecke and Pasch Realty Inc licensed New Jersey real estate. CANADA (CLIENT) SUBSCRIBING FOR USE OF THE MARKET LEADER PRODUCT PROVIDED BY MARKET LEADER, LLC. . and in good faith to create and implement marketing programs and strategies designed to drive purchases of the Premium Product to or beyond the [*] threshold mentioned above. EMC If termination is permitted by this Agreement, Client may terminate by following the termination SOWs. Market Leader shall have sole discretion with respect to the content and layout of Clients ML Site.Banner ads, pop-up ads The Parties shall participate in a mediation conference and will share in the mediator fee equally, but will otherwise bear their own legal fees, costs and expenses in participating in the %PDF-1.5 Jump to. Make sure when reporting this entitys name that it appears precisely as it does on the books. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows [Check all that apply] separately filed with the Securities and Exchange Commission. terminated by either party by providing written notice to the other party not less than [*] days prior to the end of the then current Renewal Term. This Statement of Work (SOW) between Market Leader, Inc. (ML) and Keller Williams Realty, Inc. (KW) is entered into in connection with a Master Services Agreement 6.5 Notices. Agreement. Client has reviewed, endstream endobj 192 0 obj <>/Subtype/Form/Type/XObject>>stream marketing and advertising activities, including all of those listed below with the goal of increasing the number of Purchasing Agents to the minimum stated benchmarks. Cest la volont expresse more than three office administrators at a Market Center and may not be used by real estate agents. Except as expressly stated herein, there are no warranties, express or implied, by either party in connection with this and hold harmless the other party, its officers, directors, employees, agents and representatives (collectively, Indemnified Parties) from and against any and all third party damages, costs, judgments, penalties and expenses of any kind endstream endobj 225 0 obj <>/Subtype/Form/Type/XObject>>stream endstream endobj 209 0 obj <>/Subtype/Form/Type/XObject>>stream additional print vendors may be added if they meet Market Leader specifications, including, completing an application, meeting SLA requirements and complying with a specified integration process. 5 -The Agent And The Agency Must Formally Execute This Paperwork With Their Signatures. "^B@#. Keller Williams is a very supportive environment however to be able to be an independent contractor and make enough money while juggling a work life balance with small children I found to be next to impossible. Package and Market Center Product shall be handled by the KW Support Center (Level 1 Support). will be completed on site in the Keller Williams office in Austin, TX, and is expected to be conducted in January in advance of the Initial Launch Date of the Marketing Center. This feature will provide the following product usage information: . % EMC 1. 4.3 Disclaimer. containing or otherwise relating to Confidential Information, except as expressly permitted by this Agreement. Typical commission splits include 50/50, where the broker and real estate agent receive equal sums of money from a commission split, but they can also use the 60/40 or 70/30 split options. of information to be used by the KW Support Center to answer commonly asked questions. Market Leader to provide a Marketing Library within the CRM product. N')].uJr 6.12 Governing Law; Jurisdiction; Venue; Attorney Fees. This Master Services Agreement ("Agreement") is entered into between the following entities as of January 6, 2011 This Agreement is comprised of this Cover Page, the attached Standard Terms and Conditions and any Statement of Work, each of which is incorporated herein by this reference. Keller Williams Realty remains the #1 real estate brokerage in the country. for the System so there shall be no fee due from Client for the System. In these situations, the real estate agents get a larger sum of the money than the brokers. &. Center Product in an amount equal to $[*] per month per Applicable Associate for each of the three months of the applicable quarter. La Mesa, CA 91942. . . /Tx BMC Market Leader shall have sole discretion with respect to the content and manner of displaying the TOU and PP on Clients ML Site and f In addition, counterparts exchanged by facsimile transmission or PDF shall constitute an enforceable original. 0000007334 00000 n This is a legal Agreement between you and Keller Williams Realty, Inc. and its affiliates (as applicable based on the Services), which include but are not limited to, KW Worldwide, Ltd., KW Accelerator Studios, LLC, KW Insurance, Ltd., Keller Offers, Ltd, Keller Mortgage, LLC, Business MAPS, Ltd., Keller Williams, LLC and Livian, LLC ("we . This Exhibit C may be modified by the mutual written agreement of both parties at any time. KW recognizes that adoption of the Premium Package by KW Associates Market Leader may terminate this Agreement upon written /Tx BMC Clients and any Users use of Clients ML Site and any data collected from Clients ML Site shall conform in all material respects with the Terms You will find below a wealth of free real estate team building training and coaching from some of the most innovative owners of top producing Keller Williams real estate teams in markets all around N. America. In the event of a material breach by either party of any of the accessibility is caused by reason of Force Majeure, emergency security updates, power outages or loss of internet service due to no fault of ML, then ML shall issue a credit to KW in the amount of $[*] per occurrence which may be used to It's a good idea to fill out a waiver before or after performing activities that could expose you to legal action. 0 If the applicable Market Leader Product under this Agreement is the KW Market Center Product, Keller Williams is paying will retain ownership of such url and/or domain name, and if provided by Client, Client will retain ownership of. O%p`wBN4Y3r+teia3)k{ZSw7SGms6Il?=[mxRkzz&/;?il#9I2aM= 9g=h!;!qM{?Fnv{$~BS[&Rbz:N?JD|x4*I_dBFG7Pq74[Q;7T%CX6c.Ul z#"7Xc(SGF'>:V>[U78{(:#ro.e%fn`,o|&0( identified through the activities contemplated in this Agreement. each lead & transfer a lead if needed, Administrators can create KW Associate accounts & determine who is eligible to receive leads, Administrators can log into each KW KW Premium Product. conditions upon which ML will provide products and services to KW. Neither party will directly solicit for employment any employee or independent contractor of the other party with whom it had contact in connection with this Agreement This product may be utilized by no The estimated base pay is $80,212 per year. reference to the disclosing partys Confidential Information, (ii)information which is or becomes publicly known through no wrongful act of the receiving party, (iii)information that is independently developed by either of the No amendment or modification of this Agreement shall be made except by an instrument in writing signed by both parties. agree as follows: 1. 1.8 2.16 5.88 7.68 re 1. Termination for Breach. Meaning, 70 percent of the commission will go to the real estate agent and 30 percent will go to the brokerage. 1.92 2.16 5.76 7.68 re agents on Basic Package), MLS fees and costs to ML, as well as ML management costs, for adding KW agents onto the Lite IDX (KW agents on Basic Package). The "independent" in independent contractor simply refers to the fact that the contractor is a non-employee, and is independent of the company they're doing the contracted work for. Keller Williams Independent Contractor jobs. Real Estate Service. the location in which such agent provides real estate services. Exhibit B) and shall be delivered substantially in accordance with the timeline set forth in Exhibit C. The fees for the Market Center Product shall be as set forth below and shall be paid by KW, provided that ala carte options to the Market Center Market Center means a KW franchisee located in the United States or Canada. endstream endobj 220 0 obj <>/Subtype/Form/Type/XObject>>stream endstream endobj 217 0 obj <>/Subtype/Form/Type/XObject>>stream or might limit, restrict or impair the obligations of such party hereunder. Was this review helpful? From myKW.com the associate will be able to login directly into different locations within the CRM system. . xZo6~O`+"E`` =8tD!HbKp8~gvoXoiG,,N!y ^w?|'"$|_)d?|J8''}? EMC /Tx BMC endstream endobj 212 0 obj <>/Subtype/Form/Type/XObject>>stream prohibited or unauthorized disclosure or use of the Confidential Information. Furthermore, this document has also the function of avoiding employment . Center, Personalized Website for Every KW Associate, Website with Lite IDX Search Enter your official contact and identification details. For settlement purposes only, the court defined the class members as "all sales associates and/or real estate agents who were classified by Coldwell Banker as independent contractors in the . The parties agree as follows: The parties to this Agreement (and their respective notice addresses and contact persons) are: This Agreement together with each applicable Statement of Work (whether entered into concurrently with this Agreement or at a later date) sets forth the specific services and deliverables, fees and 3 -Describe The Agents Qualifications, Expectations, And Obligations. . endstream endobj 211 0 obj <>/Subtype/Form/Type/XObject>>stream procedure provided by Market Leader in connection with the System. such party. AGREEMENT BETWEEN EITHER A KELLER WILLIAMS REALTY, INC. MARKET CENTER LOCATED IN THE UNITED STATES OR CANADA OR A REAL ESTATE AGENT INDEPENDENT CONTRACTOR OF A KELLER WILLIAMS REALTY, INC. . with an attorney of their own choosing, no Party shall be deemed the drafter of this Agreement, and this Agreement shall not be construed against any Party as the drafter of this Agreement. 0.96 0.96 7.68 10.08 re perform any of such partys obligations under this Agreement due to legal restrictions, labor disputes, strikes, boycotts, power losses, surges, telephone communication losses or interruptions, acts of God or for any other reason, that is All amounts are payable in U.S. dollars. The client will have no responsibility for employees, subcontractors, or personnel in connection with the services provided. The validity, construction, interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Fzf If the referral was made to an Agent at another Keller Williams f <> This Independent Consultant Agreement contains a basic format, and you can add the project details, agreement details, period, and other details, such as: Consultancy period, Payment, Place of work, Travel, Secrecy, Compliance, Disclosure, Commissions, etc. 2 0 obj Confidential Information of Disclosing Party in accordance with a judicial or other governmental order, provided that Receiving Party gives Disclosing Party reasonable notice prior to such disclosure to allow Disclosing Party a reasonable Confidential Information does H23U0t.=K30agj`hg`Pe @%z +p&Nv(xow\ Board Of Realtors. You must mark one of the boxes to indicate if the Salesperson will be required to contact and join the local Association Of Realtors. The legal name of the hiring Agency must also be documented in this area. Agreement, Client shall discontinue use of the System, provided that Market Leader agrees to provide Client a period of thirty (30)days to remove or export data previously provided by Client that Client has stored on Market Leaders endstream endobj 224 0 obj <>/Subtype/Form/Type/XObject>>stream Users shall not (and shall not allow any third party to) (i)decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or des parties que la prsente convention ainsi que les documents qui sy rattachent soient rdigs en anglais. Report the name of the state that rules over this agreement on the blank line in XVI. partys consent unless the resolution or settlement provides for an unconditional release of the indemnified party from all liability with respect to such claim, does not commit the indemnified party to make any monetary payment or any other During a Renewal Term, this SOW may be You can also download it, export it or print it out. /Tx BMC beyond the control and without the fault of such party, provided that (a)such party has taken reasonable precautions against such occurrence; and (b)such party gives the other party written notice thereof promptly and uses its diligent, Keller Williams Realty, Inc. is an Equal Opportunity Employer and supports the Fair Housing Act. Marybeth Olive. TEAM MEMBERS OBLIGATIONS: TEAM MEMBER will work exclusively with sellers and buyers generated by and/or approved by the TEAM TEAM MEMBER Salesperson. We must supply a few definitions to this article before continuing. In XI. In addition to this initial training, Market Leader agrees to place one It covers the obligations, scope, and deadlines of the work to be performed. Market Leader grants Client a non-exclusive, non-transferable, non-sublicensable license to use, and, in the case of Market Leader Products that permit additional Users, to allow such Users to use, the System, on the terms set forth in this 2421 0 obj<>stream 1. V)gB0iW8#8w8_QQj@&A)/g>'K t;\ $FZUn(4T%)0C&Zi8bxEB;PAom?W= , F 1 . endstream endobj 219 0 obj <>/Subtype/Form/Type/XObject>>stream MARKET LEADER PRODUCT, WHICHEVER OCCURS EARLIER, CLIENT IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. <> reasonable efforts to ensure that all such data is capable of being recovered in the event of a system failure, interruption or impairment and that the integrity of the recovered data is retained. of this Agreement shall be month to month until terminated in accordance with Section9. This Independent Contractor Agreement ("Agreement"), is made between Follow Me Realty, . The CRM system will support single sign-on from the myKW.com website. endstream endobj 214 0 obj <>/Subtype/Form/Type/XObject>>stream Subject to the foregoing, the provisions of this Agreement shall be binding on and inure to the benefit not only of the parties provisions of this Agreement shall not be affected. endobj endstream endobj 195 0 obj <>/Subtype/Form/Type/XObject>>stream any reason, as between KW and ML, KW shall retain full rights to all information or content created or submitted by KW, its franchisees, and independent contractors of its franchisees, pursuant to this Agreement or any SOW. f Support and service for the Basic Package, Premium Package and Market Center Product shall be provided by 0000002941 00000 n endobj 12, 14, and 16 shall survive termination of this Agreement, along with any other provisions that are intended by their terms to survive. Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. Add a document. support staff person on site at the KW Support Center for the first two weeks after the Launch Date of the Basic Product. Accessibility Help. /Tx BMC Thus, locate item C.) same and shall provide Disclosing Party with written confirmation from an executive officer of Receiving Party of such occurrence. Parties, has a simple goal: to positively identify the document your holding, the concerned Salesperson or Agent, and the hiring Agency. endstream endobj 205 0 obj <>/Subtype/Form/Type/XObject>>stream This will include that he or she pay whatever fees are required. hbbd``b`S`\U b{z` I0J 2bp-BUd2BT@D `bX yUDt* H> bL ; J)v endstream endobj startxref 0 %%EOF 288 0 obj <>stream /Tx BMC Applicability. Disclosing Party other than by a breach of a confidentiality obligation. endstream endobj 208 0 obj <>/Subtype/Form/Type/XObject>>stream 9.3 Client Termination Procedure. We want of keller williams independent contractor agreement may consent agreement or products. TIMELINE FOR BASIC PACKAGE, PREMIUM PACKAGE AND MARKET CENTER. ML agrees to provide the products and/or services as provided for in any statement of work entered into by the parties Each party shall be responsible for all taxes, An independent contractor agreement is a contract between a freelancer and a company or client outlining the specifics of their work together. 4.5 Disaster Recovery. exists, the parties mutually agree to submit the dispute to non-binding mediation before a single mediator. Broker will issue an IRS Form 1099 to licensee regardless if whether Broker was issued one on behalf . endstream endobj 204 0 obj <>/Subtype/Form/Type/XObject>>stream Agreement or a SOW. /Tx BMC In addition, the solution offers visibility into agent performance. 0 0 0 rg with services, products, content, or other materials provided by indemnifying party pursuant to this Agreement or any SOW. So that the CRM system can more closely match KW New Jersey Referral Real Estate, LLC . agrees to pay the other any fees set forth in an applicable SOW (Fees). The Market Center Product (as defined in Exhibit A) shall be made available to all KW Market Centers (as defined below) pursuant to MLs standard license terms for such product (attached hereto as This Support Exhibit applies with respect to the Basic Package, Premium Package and Market Center Product (collectively, the Products). Find the phrase With A Principal Office Address Of. Fill in the hiring Agencys official name on the blank line just before this phrase then provide the hiring Agencys office address by entering its street address, city, and state on the next three spaces. 6.3 Force Majeure. The Agency will need to produce an authorized Representative to sign this document on its behalf. Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt). The prevailing party in any action or proceeding (including for collection) Each party shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its immediate Most people in the business work from home. With Clients prior approval, Market Leader may use Clients name and brokerage affiliation in its marketing and training materials. tasks, System generated tasks based on contact manner: (i)during normal business hours, by sending email to a designated Market Leader email address, and (ii)during non-business hours for critical issues, by sending email to a designated Market Leader email address. Fzf Any amounts owed by KW to ML hereunder shall be paid within 30 days of quarter end. In most situations, the real estate company will provide a working environment, such as office space and equipment, in exchange for a portion of the agents commissions. conditions of the Independent Contractor Agreement. Each Keller Williams office is independently owned and operated. Notice shall be provided to a party at the address provided on the Cover Page The Market Center product provides every market center with its own lead generation website as well lead distribution and monitoring tools that enable market centers to provide leads to its KW Associates. Amounts unpaid after thirty (30)days shall bear interest at the rate of one and Set email you probably do our house signs of independent keller williams; ms szuch name and choice . 50+ FREE Independent Contractor Agreement Forms & Templates. This agreement will need to include proof that both the Salesperson and the Agency have read and intend to agree to the completed copy. Associate to send & receive email, Add personal or contact-related EMC It says that any work-related product created in the scope of the contract, as well as the resulting deliverable, is the sole property of the company. %PDF-1.4 % Term.. Notwithstanding the foregoing, if Client is in breach of any material provisions of this Agreement, including the license restrictions of Section3, the payment terms of Section5 or the confidentiality Any notices, consents or other communications required to be given under this Agreement shall be in writing and shall be sufficient if (a)mailed by certified or registered agrees to be bound by these terms. Fzf 0.5 0.5 0.5 rg Updated June 27, 2022 A real estate agent independent contractor agreement is a contract between a real estate company and a salesperson ("agent") that details the commission split and expenses between the parties. site. 4.1 Mutual Warranties. You are the elite-performing brokerages in the industry! , 1 . U.S. mail, return receipt requested; (b)transmitted by facsimile, with a copy send by first class U.S. mail; or (c)delivered by reputable independent courier. Party), or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Receiving Party. Market Leader will support additional KW CLAIMS AND BREACHES OF CONFIDENTIALITY, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY RELATING TO OR ARISING FROM THIS AGREEMENT FOR ANY AND ALL CAUSES OF ACTION EXCEED THE TOTAL AMOUNT PAID BY THE PARTIES TO EACH OTHER IN THE TWELVE MONTH ML may from time to time use qualified subcontractors to provide products and/or services contemplated by this foregoing, Market Leader may add to, change or terminate any component of the System at any time. on the parties, even if signed and returned. 0 0 0 rg To the maximum extent f If the Salesperson will not be obligated to become a Paying Dues Member To The Local Association Of Realtors Board, then mark the second checkbox (Not Required). Independent contractors have fewer directions and use their own expertise and judgment to perform their work. A record 1,757 firms qualified this year. If the business has significant control, that person is likely to be deemed an employee. This element acts as a legally binding written document that establishes clear expectations and protects both parties involved. Use this area to report where the Salesperson receives his or her mail along with what e-mail address and fax. f THE SYSTEM IS PROVIDED AS-IS WITHOUT ANY REPRESENTION, WARRANTY OR CONDITION OF ANY KIND, AND MARKET LEADER HEREBY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE WITH RESPECT TO THE SYSTEM, INCLUDING,