This website and its services are subject to these provisions. By using site, you confirm reading, understanding, and agreeing to all terms and conditions. Do not use the site if you have any objection.
This website, including all pages within this website and of 616Kenmore.com with any and all extensions (the 'Site'), the content on the Site, and any online services provided via the Site (the 'Services') is being provided as a service tool with regards to leasing from Kenmore certain real estate, or the intent to do so.
acceptance of terms.
use of site and services.
You acknowledge and agree that the Site and Services are only to be used by you for access to confidential documents and material provided to you by Kenmore or one of its affiliate for services rendered in connection with a lease agreement or marketing of such or in connection with a commercial business transaction to which you are a party. The Site and/or Services are not permitted to be used for any other purpose and you agree to use the Site and the Services only for the foregoing purpose and in full compliance with the Terms and any applicable laws, rules or regulations.
You will be required to register and to obtain a username and password in order to use the Site and the Services. You are responsible for maintaining the confidentiality of your user names and passwords and you accept responsibility for all activities, charges and damages that occur under your account. You must notify Kenmore immediately of any unauthorized use of your account or if you believe that your login or password is no longer confidential and known only to you. We reserve the right to suspend your account or require you to alter your login or password if we believe for any reason that your login or password is no longer secure. You may not share your service account login or password with any other person for any reason. Kenmore will not be responsible for any loss or damage resulting from your sharing of your login or password, or your failure to notify Kenmore of unauthorized use. If Kenmore requests registration information from you, you must provide Kenmore with accurate and complete information and must update the information when it changes.
intellectual property rights.
Kenmore and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. All content including, but not limited to text, graphics, logos, images, software, and icons are the property of Kenmore or its licensors other than content Customer already owns, which customer may have opted to include on this Website under these Terms. Kenmore retains the rights to “Kenmore” and you agree not to use its name without prior consent from Kenmore.
You are expressly and emphatically restricted from all of the following:
a) publishing any Website material in any media;
b) selling, sublicensing and/or otherwise commercializing any Website material;
c) publicly performing and/or showing any Website material;
d) using this Website in any way that is, or may be, damaging to this Website;
e) using this Website in any way that impacts user access to this Website;
f) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
h) using this Website to engage in any advertising or marketing;
Kenmore reserves the right to investigate any potential violations of these Terms of which it may become aware, and Kenmore may at its sole discretion, immediately terminate, to the extent practicable, your right to use the Site or Services without notice to you. If, as a result of any Kenmore investigation, Kenmore believes that criminal activity may have occurred, Kenmore reserves the right to refer the matter to, and cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Kenmore is entitled to disclose any information, including your content or personal information, in Kenmore's possession in connection with your use of the Services to:
a) Comply with applicable law, legal process or governmental request;
b) Enforce the Terms;
c) Respond to any claims that your use of the Site or Services violates the Terms or rights of third parties; or
d) Protect the rights, property or personal safety of Kenmore, Site users or the public, and law enforcement or other government officials, as Kenmore in its sole discretion believes to be necessary or appropriate.
Kenmore reserves the right to collect, store, and maintain, but not request from the End Customer unless as is strictly necessary in the provision of the Services, various types of information about a Customer’s End Customer (the “Data”), including geographic Internet Protocol (IP) tracking, name, address, city, state, time, and others and shall have the rights (I) to use the Data to perform the Services contemplated in the Agreement, to maintain the Data as long as necessary or as required by law and used internally for record keeping, internal reporting, and support purposes: and to provide the Data as required by law or court order, or to defend Kenmore’s rights in legal dispute.
By proceeding forward Customer expressly agrees and consents to transact business using electronic communications, to receive notices and disclosures electronically and to utilize electronic signatures in lieu of using paper documents. Customer further acknowledges that documents signed electronically will bind Customer to the same extent as a paper signature. Customer represents and warrants to Kenmore that only Customer or an authorized representative legally allowed to bind Customer shall electronically sign any document under this agreement. Customer shall comply with any method of electronic communication/payment processing specified by Company, including electronic funds transfer, pay-on-receipt processes/systems, order transmission, releases, electronic signature, and electronic communication systems, including, without limitation, the use of electronic data interchange ("EDI") portals. Notwithstanding the foregoing, e-mails, even those containing a signature block of one of Company’s representatives, shall not constitute a signed writing. Customer understands that recent legislation such as E-Sign and UETA have provided electronic signatures the legal equivalence of handwritten signatures on paper (just like your signing a piece of paper) and thus legally binding in the United States. You further agree not to electronically sign a document without first reading it, thus demonstrating that you are able to access the electronic information contained therein. Customer is aware that Customer is not required to sign electronically if prefer not to do so and may withdraw consent to receive electronic documents, notices, or disclosures at any time. Paper copies of any documents can be requested at any time.
Customer agrees to receive electronic notices, disclosures, and electronic documents for all documents disclosures related to any transaction with Kenmore. Customer is not required to receive notices and disclosures or sign documents electronically and may prefer not to do so by requesting in writing to receive paper copies. Consent may be withdrawn at any time. In order to withdraw consent you must notify Kenmore that you wish to withdraw consent and provide written notice of your future documents, notices and disclosures paper format along with a valid US address. Failure to provide a valid US address to send paper documents along with your notice shall indicate your consent to continue using electronic notices. After withdrawing consent if any point in the future you proceed forward and utilize the electronic signature system you are once again consenting to receive notices, disclosures or documents electronically.
Kenmore takes reasonable industry standard precautions to protect your data. Documents and other personal information are stored and processed using industry standard SSL encryption methods to protect that information. Kenmore cannot warrant or guarantee that information or documents will not be lost, tampered with, or deleted. Customer shall indemnify and hold harmless Kenmore from and against any and all losses, liabilities, penalties, awards, costs, and expenses (including reasonable attorney’s fees) that Kenmore may suffer or incur as a result of each and every occurrence of unauthorized access to Customer’s account, except unauthorized access or use by Kenmore itself. Customer hereby covenants not to sue Kenmore for any losses, costs, expenses of any kind or for any equitable relief as a result of any third party’s unauthorized access or use of Customers account, unless the proximate cause of such unauthorized use by such third party is Kenmore intentional conduct.
links to third party sites.
The Site and Services may include links that will take users to other websites operated by third parties ('Linked Sites'). The Linked Sites are provided by Kenmore as a convenience and the inclusion of links to Linked Sites does not imply any endorsement by Kenmore of any Linked Site. Kenmore has no control over the Linked Sites or the material contained on such Linked Sites, and you agree that Kenmore is not responsible for the availability or contents of any Linked Sites (including any content or material available on such Linked Sites).
availablity of service.
Kenmore provides reasonable efforts to ensure that its service functions properly and in a timely manner. However Kenmore does not guarantee the availability of its service and regular service outages should be expected. Kenmore frequently updates it services and services will not be available during system maintenance and upgrades.
modification to site and services.
Kenmore may at any time and from time to time modify or discontinue, temporarily or permanently, the Site or Services, or any portion thereof, with or without notice to you. You agree that Kenmore shall not be liable to you for any modification, suspension or discontinuance of the Site or Services.
Kenmore may immediately terminate the Site and/or Services or your individual use of the Site or Services at any time and for any reason or no reason. You acknowledge and agree that any such termination shall be in Kenmore' sole discretion and that Kenmore shall not be liable to you or any third party for any termination of the Site or your access or use of the Site or Services.
THE SITE AND THE SERVICES PROVIDED THEREON ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KENMORE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR VIRUS- OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KENMORE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
limitation of liability.
IN NO EVENT WILL KENMORE OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SERVICES OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER KENMORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
indemnity and liability.
You agree to indemnify, defend and hold Kenmore, its affiliates, and their officers, directors, agents, employees, partners, suppliers and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or Services, your violation of the Terms, or your violation of any rights of another.
All matters relating to the Terms, the Site, the Services, and/or your access to or use of the Site and/or Services shall be governed by the Laws of the State of California, without regard to conflict of laws principles. You agree that any claims or disputes existing between you and Kenmore with respect to the Terms, the Site, the Services, and/or your access to or use of the Site and/or Services shall be submitted to the sole and exclusive jurisdiction of the courts located in Los Angeles County, California and you agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California.
a) Any notice provided to Kenmore pursuant to the Terms must be made in writing and sent to Kenmore Development Inc corporate office. b) These Terms constitute the entire agreement between Kenmore and you with respect to your access to or use of the Site or Services and supersede any prior agreements between you and Kenmore with respect to such subject matter. c) If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. d) Any failure by Kenmore to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.