Welcome to the KayGroupProperties.com web site (the “Web Site”). The goals of the Web Site include providing consumers with access to residential and commercial real estate listings, real estate related information, and information about KAY GROUP PROPERTIES. (“KAY GROUP PROPERTIES”) and their network of independent sales professionals. To promote a safe, non-offensive environment for all visitors to the Web Site, we have established these “Terms of Use”. By accessing any areas of the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this Web Site.
Privacy
Information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.
Links
The Web Site contains links to third party web sites and may redirect you to third party web sites (“Third Party Sites”). These include but not limited to sites of:
• independent KAY GROUP PROPERTIES sales associates affiliated with KAY GROUP and
• Service providers who have a relationship with KAY GROUP PROPERTIES, some of whom are permitted to display a KAY GROUP PROPERTIES logo pursuant to a co-branding agreement.
Third Party Sites are not under the control of KAY GROUP PROPERTIES, and KAY GROUP PROPERTIES is not responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement thereof by KAY GROUP PROPERTIES or of the provider of such content or services, or of any third party web site. KAY GROUP PROPERTIES reserves the right to terminate any link or linking program at any time.
KAY GROUP PROPERTIES’s Terms of Use and Privacy Policy apply only when you are on the Web Site. Different terms, conditions, and privacy policies will apply when you access or use Third Party Sites, so you should read the applicable terms of use and privacy policy before using the site or disclosing any personal information.
Applicable Law
The Web Site is operated by KAY GROUP PROPERTIES from its offices in Charlotte NC, U.S.A. As such, the laws of the State of North Carolina, U.S.A., will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in North Carolina, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the North Carolina courts and agree not to plead or claim in any North Carolina court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is only authorized in jurisdictions that give effect to all provisions of these Terms of Use.
Limited License
The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. You may not copy reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Web Site for commercial use in any way (including by e-mail or other electronic means) without the prior written request of KAY GROUP PROPERTIES. You agree that KAY GROUP PROPERTIES may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice.
Restrictions
Unless explicitly specified or with separate, written permission from KAY GROUP PROPERTIES, you may not and agree that you will not:
• copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site or any part thereof;
• use or permit others to use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site;
• use or permit others to use the Web Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;
• use or permit others to use the Web Site to violate any applicable local, state, national or international law or regulation;
• use or permit others to use the Web Site to contact KAY GROUP PROPERTIES offices or sales associates for purposes other than assisting you with your real estate needs, such as marketing products or services;
• access or attempt to access password protected, secure or non-public areas of the Web Site; or
• Create links from any web site or web page to any page within the Web Site, and you agree that if KAY GROUP PROPERTIES, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.
Trademark
The trademarks and service marks used or displayed on the Web Site are trademarks or service marks of KAY GROUP PROPERTIES or a third party, which may be registered in the United States or other jurisdictions. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the mark.
Transit
If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to the KayGroupProperties.com Privacy Policy.
Mapping Technology
The mapping technology utilized on KayGroupProperties.com and the data, graphics and imaging accessible therein is provided under license from Google, Inc. and/or Microsoft Corporation. Google data, graphics and imaging are subject to Google’s Terms of Use and Google’s Legal Notices.
Disclaimer
THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
KAY GROUP PROPERTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. KAY GROUP PROPERTIES EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL KAY GROUP PROPERTIES OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, REGARDLESS OF.
• THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE- EVEN IF KAY GROUP PROPERTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);
• HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THE WEB SITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE); OR
• THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Web Site or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the Web Site and related services.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD KAY GROUP PROPERTIES, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.
Termination
KAY GROUP PROPERTIES may terminate your access to and use of the Web Site, or any part thereof, with or without notice.
Updates
KAY GROUP PROPERTIES reserves the right to make changes to the Web Site and these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site and related services.
Interpretation
If any part of these Terms of Use is determined to be invalid or unenforceable, then that part will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Any rights not expressly granted herein are reserved by KAY GROUP PROPERTIES.
Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
• a. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
• b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
• c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
• d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
• a. A physical or electronic signature of the poster;
• b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• d. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
By mail:
Kay Group Properties 7845 Colony RD STE C4-137 Charlotte, NC 28226 United States
Attention: DMCA Designated Agent
By email:
Contact@kay-group.com
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.