TERMS OF USE AGREEMENT

This website (“Site”) has rules that apply to your use of the Site and are set forth in this Terms of Use Agreement (“Agreement”). By using the Site, you agree that (1) you are at least 18 years of age; (2) you are legally able to enter into a contract; and (3) you will comply with, and be bound by, the following terms of use. Please review them carefully. If you do not agree with any of these terms of use, please do not use this Site.

Ownership. This Site is owned by Kansas Housing Resources Corporation (“KHRC” or “we”), a nonprofit, public corporation that serves as the primary administrator of federal housing programs for the state of Kansas. This Site is for the sole purpose of administering the Kansas Emergency Rental Assistance (“KERA”) program. Questions or concerns regarding this Site may be directed to KERA@kshousingcorp.org or Kansas Housing Resources Corporation, 611 S. Kansas Avenue, Suite 300, Topeka, KS 66603, (785)217-2001.

Right to Change the Site. KHRC may, in its sole discretion and without prior notice or liability, discontinue, delete or change any portion of the Site, including, but not limited to: (1) restricting availability times, (2) restricting compatibility with certain computer software or hardware, and (3) restricting, suspending or terminating any user’s right to use the Site.

Entire Agreement. You agree that this Agreement constitutes the entire agreement between you and KHRC as to your use of the Site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, whether written or oral. KHRC may amend this Agreement at any time and from time to time without notice. It is your responsibility to review this Agreement and periodically check this Agreement for changes. Your continued use of the Site shall be deemed as your acceptance of any such changes to this Agreement. Please also refer to KHRC’s Privacy Policy, Disclaimers and KERA Definitions, which are each incorporated by reference as though they are stated here in their entirety.

Limited Right to Use. All of the information, logos, graphics, sounds and images on this Site are owned by KHRC or its third party developers or vendors. Except as expressly provided or may otherwise be allowed by law (including but not limited to the Kansas Open Records Act), the viewing, printing or downloading of any content, graphic, form or document from the Site is permitted only for your personal use and not for republication, distribution, assignment, sublicense, sale, or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and not for resale or redistribution. KHRC grants you a limited, nonexclusive license for your own personal use which may be revoked at any time. This limited, nonexclusive license terminates automatically without notice if you violate this Agreement. Any rights not expressly granted herein to you are reserved by KHRC.

Prohibited Behavior. You are prohibited from using this Site to do any of the following:

  1. Restrict or inhibit any other user from using the Site;
  2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, harassing, offensive or obscene information of any kind;
  3. Engage in disruptive online activities;
  4. Access another person’s or entity’s materials, information or files without the permission of that person or entity;
  5. Post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right without first obtaining permission from the owner or right holder;
  6. Impersonate any person or entity or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
  7. Use this Site for any unlawful purpose; or
  8. Perform any activities that KHRC determines, in its sole discretion, may be harmful to KHRC, the Site or other users of the Site.

Monitoring. KHRC has no obligation to monitor this Site. KHRC reserves the right to disclose any information disclosed by you or others on this Site as necessary to satisfy any law, regulation or governmental request, or to remove any information or materials, in whole or in part, that in KHRC’s sole discretion is objectionable or in violation of this Agreement. You acknowledge that KHRC reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Your use of the Site constitutes consent to such monitoring, subject to KHRC‘s Privacy Policy.

Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. KHRC’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

Governing Law. This Agreement shall be treated as though it were executed and performed in Topeka, Kansas, United States of America and shall be governed by and construed in accordance with the laws of the State of Kansas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any related information or service) must be instituted within one (1) year after the cause of action arose or be barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Shawnee County, Kansas. By using this Site regardless of where you reside or where your browser is physically located, you expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process.

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