Terms and conditions
BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF Yaphee
Properties LLC. (“Yaphee Properties LLC”) YOU AGREE TO ABIDE BY THESE TERMS OF
USE BETWEEN YOU AND Yaphee Properties LLC, WHICH INCLUDE THE REFERENCED PRIVACY
POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU
ARE NOT AUTHORIZED TO USE ANY Yaphee Properties LLC WEBSITE OR TO OBTAIN ANY
SERVICES FROM Yaphee Properties LLC.
The Yaphee Properties LLC websites and mobile apps
(collectively, “Websites”; and individually, “Website”). Yaphee Properties LLC
provides numerous services, including as referenced on the Websites
(“Services”).
Yaphee Properties LLC reserves the right, at its discretion,
to revise the terms of this Agreement and/or change, suspend, discontinue or
modify any aspect of any Website. Such modifications may include, without
limitation, changes in content, in user priorities, and discontinuance of
functional aspects of any Website. Your continued use of any Website after the
posting of revisions to the Terms Of Use shall constitute your acceptance to be
bound by the express terms of any such revisions.
1. CERTIFICATION OF USER.
By using or attempting to use this Website, you certify to Yaphee
Properties LLC that you are a resident of the United States or otherwise
authorized to conduct business in the United States, are at least 18 years of
age or older and have the legal capacity to enter into this Agreement.
2. CONTENT AND REGISTRATION.
2.1. The Website content shall mean all areas and aspects of
the Website and Services including, without limitation, text, data, photos,
graphics and/or video or any information whatsoever obtained through the
Website (collectively referred to herein as “Information”), Yaphee Properties
LLC’ computers or network and any subscription or software, product, service,
or information provided by Yaphee Properties LLC.
2.2 Vendor Content – Yaphee Properties LLC has entered into
contractual relationships with certain vendors, sponsors, and advertisers of
products or services (“Vendors”), pursuant to which Yaphee Properties LLC
Investments may link to or display information, advertisements, discounts,
products, goods, or services offered by the Vendors (“Vendor Content”). Yaphee
Properties LLC does not guarantee the availability or accuracy of any such
Vendor Content or offers, nor does it endorse, guarantee nor insure any Vendor
products or services.
2.3 Yaphee Properties LLC shall not be held liable, directly
or indirectly, for any loss or damage caused by your use of: (a) any external
site linked to the Service, (b) Vendor Information, or (c) Vendor products or
services. Statements made on the Service Area concerning the products or
services of Yaphee Properties LLC do not constitute an offer, but are merely
solicitations of an offer.
2.4 Registration – You may browse and view certain content
on the Website without registering, but as a condition to using certain other
aspects of the Website or accessing certain services, you may be required to
register and select a user identification and password. You agree to maintain
the confidentiality of such registration information, be the sole user of such
registration and use your registration solely to access the Website and to
obtain Services. Yaphee Properties LLC reserves the right to monitor your use
of the registration and to discontinue you it at any time in Yaphee Properties
LLC sole discretion. If you believe that your registration has been
compromised, you must promptly change your registration information and notify
us immediately.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content of
the Website provided by Yaphee Properties LLC, including, but not limited to,
all text, photos, graphics, audio, software, webpage layouts or configurations,
presentations in any format and/or video is copyrighted by Yaphee Properties
LLC, or its affiliates or subsidiaries. Copyright © 2013-2019 Yaphee Properties
LLC. All rights reserved.
No portion of the Content or other materials may be directly
or indirectly copied, published, reproduced, modified, performed, displayed,
sold, transmitted, published, broadcast, rewritten for broadcast or publication
or redistributed in any medium, whether now known or hereafter created. The
foregoing prohibition includes, but is not limited to “screen scraping” or
“database scraping” to obtain lists of users or other Information. Nor may any
portion of the Information or other materials be stored in a computer or
distributed over any network, except that you may download or print one copy of
pages strictly for personal and non-commercial use; however, any print out of
any page of the Website or portion thereof, must include Yaphee Properties LLC’
copyright notice. Yaphee Properties LLC, and its associated logos, page
headers, custom graphics, buttons, and other icons are service marks,
trademarks, registered service marks, registered trademarks, and/or trade dress
of Yaphee Properties LLC. All other content product names and company logos are
trademarks of their respective owners. Neither these materials, nor any portion
thereof, may be stored in a computer except as reasonably necessary for
personal and non-commercial use; however, any print out of any page of the
Website or portion thereof, must include Yaphee Properties LLC’ copyright
notice and/or trademark registration notice as appropriate.
3.2. Notice of Copyright Infringement – Yaphee Properties
LLC respects the copyrights of others. Yaphee Properties LLC reserves the
right, but not the obligation, to terminate your license to use the Services if
it determines in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. Yaphee Properties LLC has implemented procedures
for receiving written notification of claimed infringements. If you believe
that your copyrighted work has been reproduced on the Website in a way that
constitutes copyright infringement you may notify us by e-mail at
.
3.3. Restricted Use – You agree to use the Service Area and
Information for lawful purposes only. You agree not to post or transmit any
information through the Service Area which: (a) infringes any patent, trademark
or copyright rights of others or violates their privacy or publicity rights,
(b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene,
profane, indecent or otherwise objectionable, or (c) is protected by patent,
copyright, trademark or other proprietary right without the express permission
of the owner of such right. You shall be solely liable for any damages
resulting from any infringement of patent, copyright, trademark or other
proprietary rights, or any other harm resulting from your use of the Service.
3.4. Your Submission of Messages – You hereby grant to Yaphee
Properties LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, display and use for any purpose all
messages or other materials posted by you on the Service or any e-mail sent by
you to Yaphee Properties LLC (in whole or in part) and to incorporate any such
messages or other materials or e-mails in any form, into other media or
technology whether now known or hereafter developed.
3.5. Public messages – All electronic forums made available
to users of the Service are the sole property of Yaphee Properties LLC and are
not a public forum. You understand and acknowledge that all information, data,
files, software, music, sound, photographs, graphics, video, messages or other
materials posted by any person or entity other than Yaphee Properties LLC
(“Third-Party Content”), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Third-Party Content
originated. You assume total liability for all Third-Party Content that you
upload, post, email or otherwise transmit via the Service. Yaphee Properties
LLC assumes no liability for any such Third-Party Content. You agree not to use
the Service to:
1. upload, post, e-mail or otherwise transmit any Third-Party Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is
racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an official
or representative of Yaphee Properties LLC, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers to disguise the origin of
any Content transmitted through the Service;
5. upload, post, e-mail or otherwise transmit any Third-Party Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
6. upload, post, e-mail or otherwise transmit any Third-Party Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
7. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation;
8. upload, post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or network;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
12. “stalk” or otherwise harass another; or
13. collect or store personal data about other users.
You acknowledge that Yaphee Properties LLC does not pre-screen Third-Party
Content, but that Yaphee Properties LLC and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any
Third-Party Content that is available via the Service. Without limiting the
foregoing, Yaphee Properties LLC and its designees shall have the right to
remove any Third-Party Content that violates this Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Third-Party Content, including any reliance on the
accuracy, completeness, or usefulness of such Third-Party Content.
You acknowledge and agree that Yaphee Properties LLC may preserve Third-Party
Content and may also disclose Third-Party Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce this Agreement; (c)
respond to claims that any Third-Party Content violates the rights of other
third-parties; or (d) protect the rights, property, or personal safety of Yaphee
Properties LLC, its users, or the public.
3.6. Linking – Without the prior written consent of Yaphee
Properties LLC, you may not use any of Yaphee Properties LLC’ proprietary
logos, marks, or other distinctive graphics, video, or audio material in your
links. You may not link to the Website or to any page thereof or engage in the
practice of “deep linking” in any manner reasonably likely to: (a) imply
affiliation with or endorsement or sponsorship of or by Yaphee Properties LLC;
(b) cause confusion, mistake, or deception; (c) dilute Yaphee Properties LLC’
trademarks or service marks; (d) otherwise violate state or federal law; or (e)
constitute improper disparagement or disclosure concerning Yaphee Properties
LLC or any of its respective affiliates, or their respective officers,
directors, agents, franchises, or Vendors. You may not frame or otherwise
incorporate into another Website any of the Information or other materials on
this Website without the prior written consent of Yaphee Properties LLC.
4. ACCESS AND DELAYS IN SERVICES
Yaphee Properties LLC, its affiliates, subsidiaries, and
Vendors shall have no responsibility to provide you access to the Website.
Further, Yaphee Properties LLC, its affiliates, subsidiaries, and Vendors shall
not be liable to you for any loss or liability resulting, directly or
indirectly, from delays, inaccuracies, errors, omissions or interruptions of
the Service for any reason, including, without limitation, due to electronic or
mechanical equipment failures, telephone interconnect problems, defects, weather,
strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts
of terrorism, or to other like causes.
5. MONITORING BY Yaphee Properties LLC
You acknowledge that Yaphee Properties LLC reserves the
right to, and may from time to time, monitor for all lawful purposes any and
all Third-Party Content transmitted or received through the Service. During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes. All Third-Party Content, including personal information,
placed on or sent over the Service may be monitored. Use of the Service,
authorized or unauthorized, constitutes consent to such monitoring and to the
other terms of this Agreement.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
6.1. General Disclaimer and Limited Warranty – You
acknowledge that certain aspects of the Information and/or Vendor Information
and links provided through the Website are compiled from sources which may be
beyond the control of Yaphee Properties LLC. Though such Information and links
are recognized by the parties to be generally reliable, the parties acknowledge
that inaccuracies may occur. Yaphee Properties LLC, its licensors and Vendors
do not warrant the accuracy or suitability of any such Information. Neither Yaphee
Properties LLC nor its licensors or Vendors represent or endorse the accuracy
or reliability of the Information distributed through the Service.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS
PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” Yaphee Properties LLC AND
ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER
EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.
FURTHER, Yaphee Properties LLC AND ITS LICENSORS AND VENDORS NEITHER REPRESENT
NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR
YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
6.2. You assume all risk of errors and/or omissions in the
Website, including the transmission or translation of data. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the Website, including
the Information, and for maintaining any means which you may require for the
reconstruction of lost data or subsequent manipulations or analyses of the
Information provided under this Agreement.
6.3. Viruses – YOU ACKNOWLEDGE AND AGREE THAT Yaphee
Properties LLC USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS
WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEBSITE OR THE
INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD Yaphee
Properties LLC HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR
NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR
FUNCTION.
6.4. LIMITATION OF LIABILITY – YOU AGREE THAT Yaphee
Properties LLC AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY
EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF
THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR
ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO
TEN (10%) PERCENT OF THE SUMS PAID TO Yaphee Properties LLC BY YOU UNDER THE
TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES
AND NOT AS A PENALTY EVEN IF Yaphee Properties LLC OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE
COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
6.5. FTC NOTICE – SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
7. INDEMNIFICATION
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND
INDEMNIFY AND HOLD HARMLESS Yaphee Properties LLC AND ITS AFFILIATES,
SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER
(COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND
CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION
COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT
BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING
TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION
OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO
INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN
PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY,
CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR
ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES,
JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN
THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY POLICIES
These Terms of Use include our Privacy Policy as contained
on our website, which is incorporated fully herein.
9. UNSOLICITED MARKETING.
9.1. Unsolicited Marketing – Yaphee Properties LLC supports
responsible e-commerce. Yaphee Properties LLC does not authorize anyone to use
the Service to broadcast, distribute, transmit or retransmit unsolicited
commercial, non-commercial, bulk, or junk electronic mail, including email
(“SPAM”).
9.2. Electronic Direct Marketing Programs –
Yaphee Properties LLC may develop and participate in electronic direct
marketing to users of the Website who elect to receive electronic mail of
specific interest to them. In keeping with this Agreement, Yaphee Properties
LLC does not forward the names and addresses (electronic or otherwise) to third
parties. Advertisers who participate in Yaphee Properties LLC’ electronic
direct marketing programs identify the category of users who would most likely
be interested in their goods and services. Yaphee Properties LLC then forwards
the advertisements to users who have elected to receive that category of
electronic mail. Users may elect to not receive similar electronic mail by
requesting that their e-mail address be removed from the mailing list by
selecting the appropriate option included with each e-mail advertisement sent
by Yaphee Properties LLC. In addition, users may elect to be removed from such
lists at any time by sending a message to the System administrator at [email protected]
.
9.3. Reporting SPAM – Users who receive SPAM or any
threatening or offensive e-mail through the Services may report it to Yaphee
Properties LLC by forwarding the unedited message with the full message header
to [email protected] .
9.4. Reservation of Rights – Yaphee Properties LLC reserves
the right to take all legal or technical steps that it deems necessary to
prevent the broadcast, distribution, transmission, or retransmission over the
Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail
otherwise determined by Yaphee Properties LLC, in its sole discretion, to be
objectionable. Yaphee Properties LLC reserves the right to suspend or terminate
any person or entity’s use of or access to the Service if it determines, in its
sole and absolute discretion, that such person has used or intends to use the
Service in violation of this policy. A failure of Yaphee Properties LLC to
exercise any right provided for herein shall not be deemed to be a waiver of
such right.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue –
The laws of the State of Missouri, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction, shall
govern this Agreement. To the extent allowed by applicable law, any claims or
causes of action arising from or relating to your access and use of the Service
as contemplated by this Agreement must be instituted within two (2) years from
the date upon which such claim or cause arose. Further, any such claim or cause
of action shall be brought EXCLUSIVELY in the state or federal courts located
in Platte County, Missouri, and you agree to submit to the exclusive personal
jurisdiction of such courts and hereby appoint the Secretary of State of
Missouri as your agent for service of process. You agree to waive any objection
that the state or federal courts of Platte County, Missouri, are an
inconvenient forum.
10.2. Assignments – You may not assign any of your rights,
obligations, privileges, or performance hereunder without the prior written
consent of Yaphee Properties LLC. Any assignment other than as provided for in
this Section 10.2 shall be null and void.
10.3. Severability – If any provision of this Agreement is
found to be unlawful or unenforceable in any respect, the court shall reform
such provision so as to render it enforceable (or, if it is not possible to
reform such provision so as to make it enforceable, then delete such
provision); and, as so reformed or modified, fully enforce this Agreement.
10.4 Connectivity Charges – You understand that your access
to the Website and use of the Services may incur third party connectivity
charges. You understand that you are responsibly for any such charges that your
use incurs, including from your cell phone or internet service provider,
including fees related to text messaging and data fees.
10.5. Termination – Yaphee Properties LLC may terminate or
suspend your use of the Website for any reason. Termination or cancellation of
your use of the Website shall not affect any right or relief to which Yaphee
Properties LLC may be entitled, at law or in equity. Upon termination of this
Agreement, all rights granted to you will terminate and revert to Yaphee
Properties LLC.
10.6. Notice – Official correspondence must be sent via
postal mail to: Yaphee Properties LLC. 6304 NW Barry Rd #901870, Kansas City,
MO 64154.
10.7 Notice Regarding Electronic Commercial Service for
California Users – Pursuant to California Civil Code Section 1789.3, California
Site users are entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of consumer Services of the
California Department of consumer Affairs may be contacted in writing at 1625
North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or
800-952-5210.
10.8 Entire Agreement – This Agreement is complete and
effective at the time you begin use of the Service. This Agreement constitutes
the entire agreement between the parties, and no other agreement, written or
oral, exists between you and Yaphee Properties LLC. In the event that any
inconsistencies exist between this Agreement and any future published terms or
understanding, the last published Agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Yaphee Properties LLC.
© 2024 Yaphee Properties LLC. All rights reserved