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Terms of Use and Intellectual Property Claims Procedure

I. User Terms:

We welcome you as a user (“User”) of The KC Homes 365 Team website. As consideration for the right to search this website operated by The KC Homes 365 Team with Edward Scott Strevell, P.A. and Keller Williams Partners, Inc. for properties for sale or lease as a User, you agree to the following terms and conditions (for purposes of these Terms, the website owners noted above are referred to as “KC Homes 365”):

In consideration of the right to use and search this website for properties for sale or lease, 

  • All data displayed on this website about properties for sale or lease is the proprietary asset of KC Homes 365, except for those properties displayed at the courtesy of those other such real estate brokerages identified herein. Heartland Multiple Listing Service, Inc. (“HMLS”) and those other Multiple Listing Services aggregated on this website (together with HMLS, collectively, referred to herein as “MLS”) owns the database compilation of the listing data. Otherwise, KC Homes 365 owns and possesses all Intellectual Property Rights regarding such data, including all copyright, patent, trade secret, trademark rights, or proprietary rights. User will not contest KC Homes 365’s or MLS’ Intellectual Property Right claims, nor assist others in doing so. User agrees that in the event User infringes upon KC Homes 365 or MLS’ Intellectual Property Rights with regard to the  data, database, or compilations displayed on this website, KC Homes 365’s and MLS’ will suffer irreparable harm in which their remedies at law are inadequate, and that KC Homes 365 and MLS are entitled to temporary and permanent injunctive relief to prohibit such an infringement.
  • User represents and warrants that User is a bona fide potential purchaser or lessee of property in the market area served by MLS and the KC Homes 365 Team agrees that any search performed by User of properties available for sale or lease utilizing this website is solely for the purpose of identifying properties in which User has legitimate and bona fide interest in buying or leasing.
  • User shall not use this website, or any of the property data accessible on this website, for any commercial or business purpose. User shall not sell, loan, exchange, or license, or otherwise retransmit the property data accessible on this website to any third party without the express written permission of MLS and KC Homes 365.
  • User waives any and all claims for damages of any kind against MLS, KC Homes 365, Edward Scott Strevell, P.A., or Keller Williams Partners, Inc. by reason of Users’ use of this website, or the property data available at this website, including, but not limited to actual, punitive, special, or consequential damages, or lost profits or unrealized savings.
  • This Agreement shall be governed by the laws of Kansas. User agrees that any suit to enforce this Agreement shall be brought in a state or federal court of competent subject matter jurisdiction in the State of Kansas within or closest to Johnson County, Kansas. User waives any objection to the personal jurisdiction of such courts.
  • In the event a judgment is entered against User in any action by or against User to enforce the parties’ obligations under this Agreement, User shall pay the prevailing parties’ attorneys’ fees and costs incurred in the prosecution or defense of such action.
  • User acknowledges and agrees that MLS is a third-party beneficiary of this Agreement and together KC Homes 365 and MLS shall each have the authority to enforce its terms against User.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. User acknowledges that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • From time to time this website may also include links to other websites or posts from other users. These links and posts are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or the post. We have no responsibility for the content of the linked website(s) or posts of other users except as expressly stated herein. KC Homes 365 reserves the right to add, modify, remove all material of the website in its sole and absolute discretion including, without limitation, links and posts.

 

II. Intellectual Property Claims:

KC HOMES 365 respects legal rights and intellectual property rights. Generally speaking, intellectual property claims for services such as those provided by KC HOMES 365 generally involve claims of copyright infringement or trademark infringement. 

  • Copyright Claims:

A. Notice of Claim:

KC HOMES 365 has in place a procedure consistent with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, for reviewing requests to remove infringing content subject to copyright from our website if there is a bona fide claim that the posted material infringes your intellectual property rights.

All Notices regarding copyright infringement claims should be sent to the DMCA Agent for KC Homes 365 at the following email address:

IPClaims@kchomes365.com

Include the term, INFRINGEMENT in the subject line and provide the following information as set forth in §17 U.S.C. §512(c)(3) of the DMCA:

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to precisely identify the material that you claim to be infringing and locate the material that is claimed to be infringing (for example a link to the page and a copy of the page that contains the accused material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • Although KC HOMES 365 has User Information provided by Users, such information may sometimes change so please provide any information you may have regarding the current contact information for the allegedly infringing party including name, address, telephone number, and email address;
  • Documentation, if any, of the legitimacy of the copyright or trademark claim you are presenting such as a copy of the Trademark Registration or a Copyright Registration. A statement that you have a good faith belief that the use of the material identified in your Notice is not authorized by the owner of the intellectual property, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  • Your physical or electronic signature. Your complaint will not be processed unless you provide an electronic or a physical signature. An electronic signature should be provided with between slash marks / / along with some identifying group of numbers or symbols to verify your identity, e.g., /John Smith #8375309/.

B. Resolution or Counter-Notice:

  • Upon receipt of your complaint, we may (a) contact whoever posted the content or (b) take down the accused content and also contact whoever posted the content. Either way, the posting party may file a "counter notice" to IPClaims@kchomes365.com including the following:
  • 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 disabled;
  • Documentation, if any, of any rights you may have to the posted material and 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 of the material in question;
  • Your name, address, and telephone number;
  • A statement that – as the posting party -- you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or in a District in which KC HOMES 365 may be found that you will accept service of process from the person who submitted a notice in compliance with 17 U.S.C. §512(g)(3)(D) of the Digital Millenia Copyright, as generally described above;
  • Your physical or electronic signature.
  • If a posting party provides us with the information as required above, we may reinstate the posted content unless the party originally filing the complaint has informed us that they have filed an action in Federal District Court to restrain posting of the content.
    • Trademark Claims: 

i.   Notice of Claim:

If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), KC HOMES 365 requires that the Complaining Party substantiate such claim by providing the following information via email to providing the following information via email to IPClaims@kchomes365.com. The words "Trademark Claim" should appear in the subject line of the email. The Trademark Claim must provide the following information in order for KC HOMES 365 to consider it:

  • A depiction of the trademark, service mark, registered trade dress, name, or other indicia of origin that is claimed to be infringed, including any registration numbers;
  • The geographical area in which you claim that your trademark rights apply;
  • The identifying information of the mark owner, including name, post office address, telephone number and email address;
  • The goods and services to which you claim your trademark rights apply;
  • The date the mark was first used in commerce anywhere by the owner of the mark;
  • The date on which the mark was first used in interstate commerce in the United States;
  • A short explanation as to the manner, extent, and factors that are likely to give rise to confusion as a result of the alleged infringer’s use of the allegedly infringing mark;
  • The webpages, URL’s, or postings on KC HOMES 365’s website that will allow KC HOMES 365 to verify the use of the allegedly infringing use and locate it on the KC HOMES 365 website;
  • A good faith certification, signed under penalty of perjury, stating that:
    • The content of the website as identified above infringes the rights of the mark owner;
    • The name of the mark owner;
    • That you are the mark owner or are authorized to represent the mark owner;
    • Any identifying contact information you may have with regard to the alleged infringer;
    • And that you know of no defense – such as that the alleged infringer has permission to use the mark – that would justify the alleged infringer’s use of the mark.

ii. Resolution and Counter Notice:

Upon receipt of your complaint, we may (a) contact whoever posted the content or (b) temporarily take down the accused content and also contact whoever posted the content. Either way, the posting party may file a "counter notice" to IPClaims@kchomes365.com. including the following:

  • Any documentation that it has permission to use the marks alleged in the Notice of Claim;
  • Any explanation, justification, or information justifying the use the mark by the posting party, including that,
    • The material used is not likely to be confused with the mark of the Claimant;
    • That the Claimant does not have the rights claimed in the Notice of Claim;
    • That the posting party has a license to use the material posted (if so, provide documentation of such license);
    • Any other reason why the use of the material that is allegedly infringing in the Notice of Claim is not infringing.

If a posting party provides us with the information as required above, we may reinstate the posted content unless the party originally filing the complaint has informed us that they have filed an action in Federal District Court to restrain posting of the content.

iii. Your Rights and Waiver of Rights

Services provided on the KC HOMES 365 website are provided "as-is'' and to the fullest extent permitted by law, KC HOMES 365 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Your use of the KC HOMES 365’s website shall constitute agreement to these terms and policies. This agreement is made in State of Kansas and shall be construed as if both parties jointly wrote it. All claims arising out of or relating to this agreement shall be litigated exclusively in the State of Kansas. These terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No other statements or promises have been relied upon with regard to this Agreement or these policies. Any notices to KC HOMES 365 must be sent to:

IPClaims@kennyhertzperry.com or by mail to:

Kennyhertz Perry LLC
IP Claims
2000 Shawnee Mission Parkway
Suite 210
Mission Woods, KS 66205

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