KINGHENRYAPTS.COM TERMS & CONDITIONS

Welcome to kinghenryapts.com (“Website”). For your convenience, this Website contains the terms and conditions under which King Henry Apartments (“King Henry”, “we”, “our” or “us”) agrees to do business with you and contains intellectual property of King Henry. By accessing or using this Website, or by transacting with us through this Website, you expressly agree to these Website Terms and Conditions (“Terms and Conditions”). King Henry’s posted Privacy Policy (“Privacy Policy”) and any operating rules, policies, Application and Addenda, Rental Agreements and Addenda, and other supplemental terms and conditions or documents that may also be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Any unauthorized copying, use or display of any aspect of this Website, including without limitation, text, graphics, photographs, layout, color scheme, code, etc., without the prior written permission from King Henry is strictly prohibited.

Please review this Agreement carefully. If you do not agree to all of the terms of the Agreement, you are NOT AUTHORIZED to access or use the Website or to transact business with King Henry through the Website.

You acknowledge that this Agreement is legally binding and governs your use of the Website and your transaction of business through the Website. When you interact with the Website in any way, or transact business through the Website in any way, you are certifying that you have read, understood, and agree to be bound by, all of the terms in the Agreement.

ACCEPTANCE OF TERMS OF USE

You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and King Henry with respect to your use of the Website and your transaction of business through the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect thereto, excepting only the Rental Agreement (including any Addendum and attached additional agreements thereto) which is considered to be a contemporaneous agreement, fully incorporated by reference herein.

The content contained herein and the analyses, research, opinions and other information provided by or through the Website, through King Henry staff or personnel, or through any other agent of King Henry may be updated or amended from time to time, in whole or in part, at any time without specific notice to you. The latest terms of this Agreement will be posted on the Website within a reasonable time after adoption – always confirm with the King Henry On-Site Manager that you have a copy of the most current version. Your continued use of the Website or transaction of business through the Website following any updates or amendments shall constitute your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. You agree to and shall regularly check the Website for such updates and amendments. Unless expressly stated otherwise, any future offer(s), product(s) or service(s) made available to you by King Henry on the Website shall be subject to the terms of this Agreement. King Henry is not responsible or liable in any manner whatsoever for your inability to use the Website. The offer(s), product(s) or service(s) made available to you through the Website are available only to individuals who are at least eighteen (18) years of age or who can enter into legally binding contracts under Utah law. King Henry reserves the right, in its sole discretion to deny to transact business with, or deny access to the Website to, anyone at any time and for any reason.

You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when asked for such information. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ACCURACY OF INFORMATION

Although King Henry makes reasonable efforts to ensure that the information provided through this Website is current and accurate, King Henry makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and King Henry makes no commitment and disclaims any duty to update such information. In addition, King Henry, from time to time, permits third parties to provide and post testimonials, social media, and similar information. King Henry may also, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Website are not necessarily those of King Henry or endorsed by King Henry. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

DISCLAIMER ON INFORMATION AND ADVICE

The goal of the Website is to provide general information regarding King Henry Apartments and to allow tenants and prospective tenants to transact business with King Henry. The website is not intended nor should it be construed as providing professional real estate, relationship, financial or legal advice. The Website and the information contained on the Website are not a replacement for completing or obtaining your own due diligence regarding the real estate rental market in Provo, UT, or other professional advice, such as legal or financial advice.

King Henry, its staff and its content providers, are not rendering professional advice of any kind to you personally, including without limitation, real estate, social, emotional, relationship or personal growth advice, counseling, therapy, legal, financial or life coaching, but are merely providing general education and information to you about King Henry Apartments. You acknowledge and agree that the warnings and disclaimers herein shall apply to all Website content.

The Website is intended for personal use by individuals. You agree not to provide any personally identifiable information of any third party or to create profiles or transact business on behalf of any other person unless you are the parent or legal guardian of a child and you create a profile for that child.

USE OF THIS WEBSITE

You may use this Website for lawful purposes only and only in accordance with these terms and conditions of use. You are prohibited from using on this Website, from transmitting to or through this Website, or linking to or from this Website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to King Henry’s public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, “Objectionable Material”), in each case, as determined by King Henry in its sole and absolute discretion. King Henry reserves the right to delete, destroy or otherwise remove (or to require you to delete, destroy or otherwise remove) any Objectionable Material.

Any information submitted or communicated to King Henry through use of this Website that is not personal information or data about you of a confidential nature, as defined by the Privacy Policy, is non-confidential and non-proprietary, and King Henry may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. Tenants and guests shall allow their photographs to be taken and maintained by King Henry and used on the Website, without compensation. By accessing this Website, any objection is hereby waived and permission hereby granted for reasonable use of your, tenants’ and guests’ photograph(s) or likeness(es) in the King Henry Newsletter, on the Website, social media, or blog, or for other such legitimate purposes. King Henry is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you. Any personal information or data submitted to King Henry through use this Website is governed by the terms of the Privacy Policy.

You hereby agree that you will indemnify, defend, and hold harmless King Henry and its officers, directors, employees, agents, owners and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.

USER REGISTRATION

In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.

If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Subscription”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Subscription. You are solely responsible for the activity that occurs under your Subscription, whether or not you have authorized the activity.

COMMENTING/SOCIAL MEDIA POLICY

The following guidelines govern all comments, contributions, discussions, etc. on the Website in any format.

• Be respectful.
• Personal attacks, mean-spirited comments, aggressive/threatening/salacious/profane language will not be tolerated. Where necessary, any such posts will be turned over to appropriate law enforcement personnel.
• Promotional posts are not permitted.

King Henry reserves the right, but disclaims any duty, to monitor and delete any comment/post that does not fit the guidelines or the purposes and goals of King Henry.

DISCLAIMER OF LIABILITY

This Website contains general information and may contain errors, omissions and inaccuracies. King Henry assumes no liability or responsibility for any such errors, omissions or inaccuracies. Your reliance on any information on the Website is done at your own risk. This Website (including the content and information found on this Website) should not be relied upon for any personal, real estate, relationship, social, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. King Henry may make modifications or changes to this Website at any time without notice.

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. KING HENRY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY DISCLAIMED.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. KING HENRY HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.

IN NO EVENT SHALL KING HENRY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

Some states do not allow certain exclusions of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitations or exclusions of liability may not apply to you.

LIMITED REMEDIES; DISPUTE RESOLUTION

For BYU student-tenants. All current BYU student website users, tenants and guests shall endeavor to resolve any dispute arising in any way out of the use of the Website or other King Henry communications through a good faith, informal proceeding (e.g. negotiation, mediation). If the parties shall fail to settle any controversy arising in any way out of the terms of this Agreement, after making a good faith effort on their own, all such controversies shall be submitted to the BYU Center for Conflict Resolution (hereinafter “CCR”) for mediation and thereafter binding arbitration. All parties agree to make a good faith effort to settle such controversy through mediation and to be governed by the Mediation Rules of the CCR unless the CCR declines to mediate the controversy. If mediation fails to resolve the problem, a party may request arbitration by the CCR. If a party requests arbitration, all parties agree to submit to the jurisdiction of the CCR and be bound by its decision as rendered in accordance with its rules and regulations. The parties agree that the CCR arbitrators have sole and exclusive right to determine all questions of law and fact and may grant any remedy or relief that the arbitrators deem just and equitable, including specific performance. Any BYU student who fails to comply with an arbitrator’s decision will have a hold placed on his or her university records and a stop and discontinuance on registration. If a civil court action is pursued to enforce the terms of this Agreement, mediation agreement, or the arbitration award, the non-prevailing party agrees to pay all costs in connection therewith, including reasonable attorneys’ fees.

For non-BYU student-tenants and others. All non-BYU current student website users shall endeavor to resolve any dispute arising in any way out of the terms of the Agreement through a good faith, informal proceeding (e.g. negotiation, mediation). If the parties shall fail to settle any controversy arising in any way out of the terms of this Agreement, after making a good faith effort on their own, all such controversies shall be submitted to the state Court, in and for Utah County, State of Utah, shall be governed by Utah law, and all parties agree to personally submit to the jurisdiction thereof. If a civil court action is pursued to enforce the terms of this Agreement, mediation agreement, or the arbitration award, the non-prevailing party agrees to pay all costs in connection therewith, including reasonable attorneys’ fees.

INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by King Henry, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by King Henry, our licensors, or both. Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms and Conditions are expressly reserved.

REFERENCES AND LINKS TO THIRD PARTY SITES

This Website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, “Links”) are supplied to you as a convenience or as a method to process payment, and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by King Henry of such individuals, companies, entities or organizations, products or services. Please note that accessing any other website linked to or from this Website is done at your own risk. King Henry has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. King Henry is not responsible for the information, materials, or content contained at any website linked to or from this Website.

NOTICE – INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE PERIODICALLY. ACCORDINGLY, KING HENRY RESERVES THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR AMENDED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEBSITE.

Contact Us: [email protected]