Kansas City Premier Apartments User License Agreement

1. Terms of Use Between User and Kansas City Premier Apartments ("KCPA"). This is a legal agreement ("Agreement") between KCPA and you, a Renter and/or Roommate using the KCPA service, ("User"). By using this Web site, you are agreeing to be bound by this Agreement, KCPA’s Terms and Conditions, and by any laws that apply. This Web site is for your personal use and not for commercial use. KCPA’s Web site is a service owned by Kansas City Premier Apartments, Inc. The rental advertisements that appear on this site are procured and provided by KCPA and/or its affiliates as listed here.

2. KCPA’s Services To You. KCPA offers a platform through which Lessors can place information about their properties before Renters, so that Lessors may advertise to Renters and Renters can communicate with Lessors:

• KCPA does not participate in actual lease transactions, including, without limitation, negotiations or discussions.
• KCPA does not render any legal brokerage, or other professional advice or services in any state.
• This Web site might contain typographical errors and/or inaccuracies.

3. Liability Disclaimer and Affirmative Release. KCPA disclaims any liability that might arise out of or relating to those services and activities which KCPA has not personally undertaken to provide to you (as described above). KCPA does not expressly own content submitted by its Users. KCPA does not screen information posted by Lessors. KCPA cannot independently verify information, text, photographs, graphics, messages or other materials given by a user or posted on this site or otherwise made available through the KCPA service.

In regard to content posted on publicly accessible areas of the site, the User gives KCPA the following worldwide, royalty free and nonexclusive license(s), as applicable: In regard to content a User submits or makes available to KCPA, the User grants KCPA the license and right to use, distribute, modify, reproduce, adapt, publicly perform and publicly display content and the irrevocable right to sublicense the content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display said content (in its entirety or in part) and to incorporate such content into other works in any format or medium now in use or later developed.

The User agrees to indemnify and hold KCPA, its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including attorney fees, made by any third party due to or arising out of content you submit, post, transmit or make available to KCPA. KCPA makes no representations as to an individual’s character, credit worthiness, rental history or ability of a Renter to pay their obligations. You hereby agree that KCPA and its affiliates will not be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of the KCPA Web site or with the inability to use the site, or for any information, products, and services obtained through the site, or otherwise arising out of or regulated to the use of the site. This Agreement is legally binding. Users with questions regarding the significance are encouraged to seek the advice of an attorney.

4. User’s Representations and Warranties. By using the KCPA Web site, you represent and warrant the following.

• That you are of legal age within the state you reside to make contracts and therefore possess the legal authority to enter into this Agreement
• You are a minimum of 18 years old if you are using the Roommate Service.
• All information supplied or to be supplied by you in regard to this Web site is and will be accurate and complete. You will not misrepresent your affiliation with a person or entity and will not impersonate any person or entity.
• You agree that this Web site’s services will only be used to find residential rental units and/or roommates in accordance with the procedures laid out on the KCPA Web site, for you or on behalf of another person for which you are legally authorized to act. You also agree not to transmit any content that is considered unlawful, obscene, pornographic, defamatory, trade libelous, threatening, harassing, torturous, hateful, or racially, ethnically, religiously or otherwise objectionable. You also agree not to invade another’s privacy through use of this Web site.
• Failure to follow this Agreement can result in revocation of access to this Web site.
• By using this Web site, you agree that KCPA is the sole owner and vendor of the Terms of Use.
• You agree that use of this Web site in no way constitutes a joint venture, partnership, or employment relationship between you and KCPA as a result of this Agreement.

5. Your Information. "Your Information" is defined as any type of information you provide to KCPA or other users of the KCPA site during the course of your use of this site, including, but not limited to, any public message area postings or through the use of any e-mail or private messaging feature. You are solely responsible for Your Information. KCPA is not responsible for Your Information. KCPA is solely a passive platform for the online distribution and publication of Your Information. KCPA will only use Your Information as related in and in accordance with our Privacy Policy. KCPA will preserve Your Information in its sole discretion and will only disclose such information to third parties to comply with legal proceedings or to protect the rights, property, or personal safety of those affiliated with KCPA, its users and the public.

6. Correct, Review, Update or Delete Your Account Information. KCPA offers all users with an ability to opt out of its e-mail program at any time. KCPA also offers Users the ability to correct, update or delete information stored in their own accounts. To review, modify or delete Your Information, log in and select "Update Your Profile."

7. Fees and Services. KCPA’s services to renters/roommates are free. This means that creating a listing, searching for and communicating with Lessors and/or using the Roommate Services are free. When you find a rental home through KCPA, the Lessor whose property you will be renting is responsible for paying KCPA an advertising fee. You agree to return to the KCPA Web site to confirm a successful lease so that KCPA may collect its fee directly from the Lessor. In regard to Roommate Service Users, KCPA will not be responsible to pay the $100 Reward Card to Users who: (i) sign a lease with a User who has offered a room for rent within their Roommate listing, or (ii) move into an apartment that’s listed on KCPA’s Web Site with a roommate who is already living in a property that is listed on the KCPA Web site. KCPA does not allow any other Internet roommate matching service providers to advertise on its Web Site. A $5,000 advertising surcharge will be billed to any roommate service provider; including but not limited to employees, affiliates, consultants or partners of said roommate service provider that is registered with KCPA and actively promotes its own goods or services without KCPA’s specific prior approval. The surcharge will be billed to a company of record within thirty (30) days after an account activation and must be paid within five (5) business days.

The KCPA Fees and Credits Policy is incorporated herein by reference. We retain the right to change our Fees and Credits Policy and the fees for our services. Changes to the policy are effective after we provide a minimum of thirty (30) days’ notice of the change via e-mail, fax or regular first class mail. We may, however, choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events with such changes taking effect upon and during the posting of the temporary change on the KCPA Web site. Should a new service be launched, the fees for that service will be effective at the time of the service’s launch. Unless stated specifically otherwise, all fees for the use of the KCPA Web site’s services are in U.S. Dollars.

8. Compliance with Federal and State Civil Rights Acts. KCPA complies with all county, state and federal civil rights law, including, but not limited to, the Fair Housing Act and the Americans with Disabilities Act. By using the KCPA Web site, you agree to comply with such laws and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category covered under these acts. KCPA may remind you in other locations on its Web site to not include information that could be deemed actionable under any such laws.

9. Right to Refuse Services. KCPA retains the right to refused service to anyone and terminate accounts at any time.

10. Violations. KCPA asks that any violation of the User Agreement be immediately reported to Customer Service.

by Tiffany Lewis, Kansas City Premier Apartments, Inc.