TERMS OF USE
LAST UPDATED: January 24, 2024
This
website from which you are accessing these Terms of Use (“Site”) is created and
maintained by KPM Property Management, LLC (referred to below as “KPM,” “we,”
and “us”).
In
these Terms and Conditions, ‘affiliated entities’ means any direct or indirect
parent, subsidiaries, or affiliated companies of KPM.
Please
read the below terms and conditions (“Terms of Use”) carefully. Your use of the
Site is subject to these Terms of Use.
1. Acceptance of Terms. The Site is made available by KPM
subject to this Agreement. We reserve the right to update or make changes to
this Agreement from time to time, which changes we may provide to you by any
reasonable means, including without limitation, by posting the revised version
of this Agreement on the Site. You can determine when this Agreement was last
revised by referring to the “LAST UPDATED” legend at the top of this Agreement.
Your access to or use of the Site following changes to this Agreement will
constitute your acceptance of those changes. Any changes to this Agreement
shall not apply to any dispute between you and KPM arising prior to the date on
which KPM posted the revised version of this Agreement incorporating such
changes or otherwise notified you of such changes.
BY
ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO
THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
We
reserve the right, at any time and from time to time, temporarily or
permanently, in whole or in part, to: modify or discontinue the Site, with or
without notice; charge fees in connection with the use of the Site; modify or
waive any fees charged in connection with the Site; or offer opportunities to
some or all users of the Site. You agree that we shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Site, in whole or in part, or of any service, content, feature or product
offered through the Site. Your continued access to or use of the Site after
such changes will indicate your acceptance of such changes.
2. Intended use of the Site. The information on this Site is
provided for informational purposes only. Nothing contained in the Site shall
be used or considered as an offer or a solicitation of any kind. KPM makes no
representations that products, conditions or services referenced in the Site
are available or appropriate for all jurisdictions. Your use of the Site and/or
Content (as defined below) must at all times comply with all applicable laws,
rules and regulations.
KPM
does not use the Site to provide investment or other advice, and no information
or other materials on the Site should be relied upon for the purpose of making
investment decisions.
3. Content we make available on the Site. KPM may make
available via the Site content, including (but not limited to) information and
other texts, photos, pictures and other images, software, or applications
(together referred to as “Content”). We, our affiliated entities and/or our
licensors own all Content made available through the Site. Such Content is
subject to copyright, trademark or other intellectual property rights and laws.
Unless expressly stated otherwise, you may not reproduce, modify, disseminate
or otherwise exploit our Content in any way or form without our prior express
approval.
In
addition, you acknowledge that the Site itself is protected by copyright law.
All trademarks used on the Site are the property of their respective owners.
PLEASE
NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING
WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN
PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND
CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
4. Rules of Conduct. In using the Site, you agree to comply
with the following “Rules of Conduct” as updated from time to time by us. You
are prohibited from posting or transmitting, through or in connection with the
Site, any (a) unlawful, threatening, defamatory, obscene, scandalous,
inflammatory or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law; (b) virus, worm, Trojan horse,
Easter egg, time bomb, spyware or other computer code, file, or program that is
harmful or invasive or may or is intended to damage or hijack the operation of,
or to monitor the use of, any hardware, software or equipment; or (c)
unsolicited or unauthorized advertising, promotional materials, “junk mail,”
“spam,” or any other form of solicitation. In addition, you will not (i)
interfere with or disrupt the operation of the Site or the servers or networks
used to make the Site available; or violate any requirements, procedures,
policies or regulations of such networks; (ii) access or use the Site through
any technology or means other than those expressly designated by us; (iii)
except as expressly permitted by applicable law, modify, adapt, translate, reverse
engineer, decompile or disassemble any portion of the Site; (iv) remove any
copyright, trademark or other proprietary rights notice from the Site or
materials originating from the Site; (v) create a database by systematically
downloading and storing all or any Site content; or (vi) use any robot, spider,
site search/retrieval application or other manual or automatic device to
retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent
the navigational structure or presentation of the Site, without our express
prior written consent. KPM may fully cooperate with any law enforcement
authorities and/or court order requesting or directing KPM to disclose the
identity of anyone who has engaged in any violation of the Rules of Conduct,
including (but not limited to) anyone who has posted information or materials
in violation of the Rules of Conduct, and KPM reserves the right to moderate
(including removing) any such information or materials at any time from this
Site.
5. Links. The Site may provide links to other websites and online
resources. We are not responsible for and do not endorse such external sites or
resources. Other sites may link to the Site with or without our authorization,
and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES
AND RESOURCES IS AT YOUR OWN RISK.
6. Information Submitted Through the Site. Your submission of
information through the Site is governed by our Privacy Policy. You agree
that all information that you provide to us is true, accurate and complete, and
that you will maintain and update such information regularly.
7. Registration. User Names and Passwords. You may need to register to use all or
part of the Site. You represent and warrant that all information submitted to
KPM in connection with such registration is complete and accurate. We may
reject, or require that you change, for any reason, any user name, password or
other information that you provide to us in registering. Your user name and
password are for your personal use only and should be kept confidential; you
(and not KPM) are responsible for any use or misuse of your user name or
password, and you must promptly notify us of any confidentiality breach or
unauthorized use of your user name or password, or your Site account. We are
not liable for any loss or damage arising from your failure to comply with any
of the foregoing obligations.
8. Liability. WHILE WE ENDEAVOR TO MAINTAIN THE INFORMATION ON THIS SITE
ACCURATE AND UP-TO-DATE, YOU ACKNOWLEDGE THAT THIS SITE AND ALL CONTENT,
INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU
“AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. KPM, ITS
AFFILIATED ENTITIES AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL STATUTORY AND
IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS
SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS
SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO
NOT PROMISE THAT THIS SITE, OR ANY INFORMATION, CONTENT OR MATERIALS MADE
AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE
OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE
FOREGOING, KPM, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO
REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF
ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE
AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS
FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE
CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE
SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
NEITHER
KPM NOR ANY OF ITS AFFILIATED ENTITIES, NOR ANY OF ITS OR THEIR AGENCIES, NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE
SITE, ITS FEATURES OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE, EVEN IF
ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR
OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE
SITE.
IT
IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN
IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO
THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
9. Indemnity. Except to the extent prohibited under applicable law, you agree
to defend, indemnify and hold harmless KPM, its affiliated entities, and any
other party involved in creating, producing or delivering the Site, and their
respective directors, officers, employees, agents, shareholders, licensors and
representatives, from and against all claims, losses, costs and expenses
(including without limitation attorneys fees) arising out of (a) your use of,
or activities in connection with, the Site; (b) any violation of these terms of
use by you; or (c) any allegation that any Content that you make available or
create through the Site, infringes or otherwise violates the copyright,
trademark, trade secret, privacy or other intellectual property or other rights
of any third party.
10. Termination. These Terms of Use are effective until terminated. You agree that
we may terminate your access to or use of the Site or any portion thereof, at
any time, if you breach these Terms of Use, or we reasonably believe that you
have breached these Terms of Use, subject to any restrictions placed on our
exercise of such rights under applicable law. Upon any such termination, your
right to access and use the Site will immediately cease. You agree that any
termination of your access to or use of the Site may be effected without prior
notice to you. You further agree that neither we nor our affiliated entities
will be liable to you or any third party for any termination of your access to
or use of the Site. Sections 2-4, 5-11 and 13-14 shall survive any expiration
or termination of these Terms of Use.
11. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby
notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors.
12. Contact. If you have a question or complaint regarding the Site or these
Terms of Use, please send an e-mail to contact@karyamanagement.com. You may
also contact us by writing to KPM Property Management, LLC, 8901 Gaylord Drive,
Suite 100, Houston, Texas 77024, or by emailing us at contact@karyamanagement.com.
Please note that e-mail communications will not necessarily be secure;
accordingly, you should not include sensitive information in your e-mail
correspondence with us. In addition, 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.
13. Governing Law. These Terms of Use shall be governed by and construed in
accordance with the laws of Texas, without regard to its choice of law
provisions. You agree to the exclusive jurisdiction by the courts located in
Houston, Texas, and you hereby waive any jurisdictional, venue or inconvenient
forum objections to such courts.
14. Miscellaneous. If any provision of these Terms of Use shall be deemed to be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. These Terms of Use do not, and
shall not be construed to, create any partnership, joint venture,
employer-employee, or agency relationship between you and us. You may not
assign, transfer or sublicense any or all of your rights or obligations under
these Terms of Use without our express prior written consent. No waiver by
either party of any breach or default hereunder will be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading, caption or
section title contained herein is inserted only as a matter of convenience, and
in no way defines or explains any section or provision hereof. These Terms of
Use, together with all agreements and statements referred to herein and
incorporated herein by reference, is the entire agreement between you and us
relating to the subject matter hereof and, except as otherwise provided herein,
supersedes any and all prior or contemporaneous written or oral agreements or
understandings between you and us relating to such subject matter. Notices to
you may be made by posting a notice (or a link to a notice) to the Site, by
email, or by regular mail, in our discretion. Without limitation, you agree
that a printed version of these Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms of Use 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
failures to fulfill any obligations due to causes beyond our control. You agree
that our licensors who make their Content available to us in connection with
the Site are third-party beneficiaries under these Terms of Use with the right
to enforce the provisions of this Agreement that directly concern their
content. Notwithstanding the immediately preceding sentence, our right to enter
into, rescind or terminate any variation, waiver or settlement under these
Terms of Use is not subject to the consent of any third party.
15. Cookies. This site uses cookies to assist with navigation and to analyze
your use of our site(s). More information about the cookies we use and the
information we collect can be found in our Privacy Policy. BY ACCESSING
OUR SITE YOU ARE PROVIDING YOUR ACCEPTANCE TO THE USE OF THESE COOKIES.
You
may print, download, or otherwise retain a copy of these Terms of Use (and of
any revised version) for your records.