SITE USE & PRIVACY

LAST UPDATED: June 1, 2020

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KDG REAL ESTATE, LLC TERMS OF USE

 

WELCOME TO KDGI.COM! KDG REAL ESTATE, LLC, A MISSOURI LIMITED LIABILITY COMPANY AND ITS AFFILIATES (collectively “KDG”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW. By using our website, you agree to these Terms of Use. KDG reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT info@kdgi.com.

 

IMPORTANT – READ CAREFULLY: This is a legal agreement between you and KDG. By clicking the “I accept the Terms of Use” button when you make a submission, you agree to be and hereby are bound by the terms and conditions of these Terms of Use (hereafter “Terms”). If you do not agree to these Terms, you cannot make a submission.

 

General Use Restrictions: KDG or third parties granting rights to KDG hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of KDG or such third parties. KDG grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and/or printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of KDG.


In KDG’s efforts to promote good citizenship within the Internet community, if KDG becomes aware of inappropriate use of the website or any of its Services (defined below), KDG will respond in any way that, in its sole discretion, KDG deems appropriate. You acknowledge that KDG will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, KDG reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity involving KDG, this website or the Services.

 

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post. You understand and agree that KDG may, but is not obligated to, review the website and may delete or remove (without notice) any website Content (defined below) or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of KDG violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to KDG. You agree that under no circumstances will KDG be liable in any way for any loss or damage to any content or photos you post, email, or otherwise make available to KDG.

 

When you post User Content to the website, you authorize and direct KDG to make such copies thereof as KDG deems necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to KDG an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. KDG reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the website.

 

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KDG all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage KDG or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. KDG does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any User Content. KDG does not permit copyright infringing activities and infringement of intellectual property rights in connection with any Services, and KDG will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. KDG may terminate your access to the website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice. KDG also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KDG may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at KDG’s sole discretion.

 

By visiting KDG’s website and/or engaging in our services as a customer or tenant or otherwise, which services might be established by a lease agreement, services agreement, license agreement or other separate agreement (“Service”, or collectively “Services”) you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the website and KDG’s Services, including without limitation users who are browsers, vendors, customers, merchants, and contributors of Content.

 

Terms: By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given KDG your consent to allow any of your minor dependents to use this website.

 

You shall neither use KDG’s Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to KDG. A breach or violation of any of the Terms will result in an immediate termination of any Services being provided to you.

 

Resident Portal Account: Use of this website or access to certain information through this website may require you to provide certain registration details or other information to create an account (“Account”). It is a condition of your use of the website that all the information you provide is correct, current, and complete. You agree that all information you provide to register an Account or otherwise is governed by KDG’s Privacy Policy. KDG has the right to disable any Account at any time in its sole discretion for any or no reason, including if, in KDG’s opinion, you have violated any provision of these Terms.

 

Services: KDG has made every effort to display as accurately as possible the images, colors, photos, investor information and other information on the website. KDG cannot guarantee your computer monitor’s display of any color, image or photo of a unit in one of the KDG managed buildings will be accurate.

 

KDG reserves the right, but is not obligated, to limit KDG’s Services to any person, geographic region or jurisdiction. KDG may exercise this right on a case-by-case basis.

 

KDG reserves the right to limit the Services that KDG offers at any time. All descriptions of pricing related to the Services are subject to change at any time without notice, at the sole discretion of KDG. KDG reserves the right to discontinue any Services at any time. Any offer for any Service made on this website is void where prohibited. KDG does not warrant that the quality of any Services, information, or other material obtained by you will meet your expectations, or that any errors in the Services provided to you will be corrected.

 

Modifications to the Service and Prices: Prices for KDG’s Services are subject to change without notice. KDG reserves the right at any time to modify or discontinue the Services (or any part or Content thereof) without notice. KDG shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

 

Prices charged will be the price in effect at the time the submission is placed and will be set out in a confirmation email, as and if applicable. Price increases will only apply to submissions placed after such changes. Posted prices do not include taxes or fees. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel or deny any submissions arising from such occurrences. We may offer from time to time promotions on the website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

 

You agree to provide current, complete and accurate account information for all transactions and/or submissions made with KDG. You agree to promptly update your account and other information, including your email address, credit or debit card numbers and expiration dates, bank information, or other payment information so that KDG can complete your transactions and contact you as needed.

 

Privacy: KDG’s privacy policy is available below.

 

Third Party Interaction and Links to Third Party Websites: In your use of this website, you may enter into correspondence with, purchase services from, or participate in promotions of advertisers or members or sponsors or partners of this website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for such services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that KDG has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

KDG does not endorse or warrant any third-party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.

 

This website and your interaction with the Resident Portal may be linked to other websites on the World Wide Web that are not under the control of or maintained by KDG. Such links do not constitute an endorsement by KDG of any such websites.

 

You acknowledge that KDG is providing these links to you only as a convenience, and you agree that KDG is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

 

You agree that KDG shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that KDG is under no obligation to become involved. If you have a dispute with one or more users, you hereby release KDG from any and all liability associated with such dispute.

 

Rewards: Rewards and prizes received from this website or from KDG, if any, constitute taxable income for purposes of US federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from this website or KDG, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.

 

Registration: You may view Content on the website without registering, but as a condition of using certain aspects of the website and the resident portal, you may be required to register with KDG and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. KDG reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website. You shall never use another user account without the other user’s express permission. You will immediately notify KDG in writing of any unauthorized use of your account, or other known account-related security breach.

 

Certain Services and pages of KDG’s websites are available only to investors who have been authorized by KDG to access those Services and web pages on the applicable website. Such authorization may require completion of an accredited investor questionnaire and/or satisfactory background information screening and/or identification verification. Only those users authorized by KDG with a valid User ID and password are authorized to access such Services and web pages.

 

For Investors in KDG or its Affiliates: KDG investment listings are only suitable for Accredited Investors, or those investors approved by KDG at its sole discretion, who are familiar with and willing to accept the high risks associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are less liquid. Additionally, investors may receive restricted securities that may be subject to holding period requirements. Investments require high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. As with all investments, investors must meet certain eligibility tests to qualify as purchasers, as determined by KDG.

The value of investments and the income from them can fall as well as rise. Past performance is not a guarantee of future performance. This investor materials, including but not limited to, third party reports, materials and agreements, made available whether through this site or separately, might include inaccuracies or errors that may affect the decision to invest. If any material, information, report or other information provided by KDG or any third party is found or determined to have contained or contains any error or inaccuracy, you waive any and all claims against KDG, its agents and employees, arising directly or indirectly from such error or inaccuracy, including the decision to invest. The Contents of this website do not constitute financial, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. You should obtain investment and tax advice from professional advisers before deciding to invest. Investment products are not FDIC insured, may lose value, and there is no money back guarantee.

None of the information contained in the publicly available portions of the website constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or to provide any investment advice. The information contained in the website has been prepared without reference to any particular user's investment requirements or financial situation. The information and Services provided on the website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where KDG is not authorized to provide such information or Services. Some Services described in the website may not be available in all jurisdictions or to all clients.

By using and accessing KDG’s investment listings or websites, you agree to keep all information you learn about KDG and its affiliates’ investment opportunities on the applicable website private and confidential. You further agree that these Terms are in addition to, not in lieu of, any other agreements entered into between you and KDG or its affiliates in connection with any such investments.

Intellectual Property: Unless otherwise noted, the website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”, or collectively “Contents”), are owned by KDG, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the website for your personal, non-commercial use only. You may download or copy Contents from our website for your personal, non-commercial use only. No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without KDG’s express written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the website. Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.

 

In accordance with the Digital Millennium Copyright Act, KDG has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. KDG also may terminate user accounts even based on a single infringement.

 

User Comments, Feedback and Other Submissions: If, at KDG’s request, you send certain specific submissions or, without a request from KDG, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that KDG may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide. KDG are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

 

KDG may, but has no obligation to, monitor, edit or remove User Content that KDG determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead KDG or third parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. KDG takes no responsibility and assumes no liability for any Comments posted by you or any third party.

 

Disclaimer of Warranties: Your use of this website is at your own risk. This website may include inaccuracies or errors that may affect the quality of the materials or Services offered through the website. The materials or Services offered have not been independently verified or authenticated in whole or in part by KDG. KDG does not warrant the accuracy or timeliness of the materials or Services offered and ultimately available. KDG has no liability for any errors or omissions in the materials whether provided by KDG or third parties.

 

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. KDG, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, OR SERVICE CONTAINED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. KDG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF KDG HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN UNION, KDG DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. NEITHER KDG, ANY KDG AFFILIATES, NOR ANY OF KDG’S OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

Inaccuracies or Errors: The descriptions, pictures and other representations of any Services and any investment in KDG or its affiliates on this website may contain inaccuracies and errors. KDG does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of Services or the cost to execute a submission offered through this website may change without notice to you at any time in KDG’s or a third party’s sole discretion. KDG or a third party shall have the right to refuse or cancel any submissions placed for Services listed at an incorrect price.

 

Fair Housing Statement: KDG is committed to compliance with all federal, state, and local fair housing laws. KDG will not discriminate against any person because of race, color, religion, national origin, sex, familial status, physical or mental disability, or any other specific classes protected by applicable laws. KDG will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses.

 

Local Laws & Export Control: KDG controls and operates this website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations other than Canada. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America and Canada. If you use this website from outside the United States of America and Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

 

Force Majeure: KDG will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from acts, or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, or inability, or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.

 

Trademarks and Images: The trademarks, logos, and service marks, including those products denoted with TM, ©, or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of KDG, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, KDG or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this website. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of KDG, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the website and in its Contents, except as provided in these Terms, is strictly prohibited. You are advised that KDG will aggressively enforce its intellectual property rights over the website and its Contents to the fullest extent of the law, including the pursuit of criminal sanctions.

 

Severability: In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Except as might otherwise be established between you and KDG pursuant to a separate lease agreement, services agreement, license agreement or other agreement, these Terms are effective unless and until terminated by KDG.

 

If in KDG’s sole judgment, you fail or KDG suspects that you have failed to comply with any term or provision of these Terms, KDG may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to KDG Services (or any part thereof).

 

Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without KDG’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

Notice: KDG may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to this website. Notices sent by email will be effective when KDG sends the email and notices KDG provides by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

To give KDG notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to KDG Real Estate, LLC, 8025 Bonhomme Avenue, Suite 200, St. Louis, Missouri 63105 USA. KDG may update the address for notices to KDG by posting a notice on the website. Notices provided by personal delivery will be effective immediately. Notices provided overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

Entire Agreement: KDG’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by KDG on this website or in respect to the Services constitutes the entire agreement and understanding between you and KDG and governs your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and KDG (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Terms of Use Revisions: KDG may revise these Terms at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of all revised Terms.

 

Applicable Law: If you are located in the United States or Canada, any action related to these Terms or any dispute under any agreement with KDG will be governed by the law of the State of Missouri, USA, without regard to the choice or conflicts of law provisions of any jurisdiction. If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in St. Louis, Missouri, USA, and the parties shall share, equally, the cost of such mediation. If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of Missouri, USA, for the resolution of all disputes arising from or related to these Terms and/or your use of the website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the Services must be filed within one year after such claim or cause of action arose or be forever barred.

 

Indemnification for Unauthorized Activities: Submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold KDG harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

 

 

 

PRIVACY NOTICE

 

KDG Real Estate, LLC (“KDG”) recognizes that privacy is important and is committed to maintaining the privacy of personal information collected at this website. Unless you have “opted out” of receiving direct marketing contacts (as described below), when you provide any of the information described in this Privacy Notice (including information that may be automatically generated), you consent to the use and disclosure of that information as described by this statement. This Privacy Notice describes the personal information that KDG collects and the uses that KDG will make of that personal information.

Information we collect and how we use it:

 

PERSONAL INFORMATION     


Personal Information” is information that identifies you as an individual. We may collect personal information that identifies you as an individual, such as:

  • Your first name and your last name or company name;

  • Your postal address (including billing and shipping addresses);

  • Your e-mail address;

  • Passwords and reminder questions/answers.

 

KDG collects personal information when you participate in various opportunities that we provide, for example:

  • When you create an account on the website;

  • When you use our third-party property management services or payment applications and web interface;

  • When you register for communications or other subscriptions through this website, Twitter, Facebook, Instagram or any other digital media, or social media application;

  • When you make a request;

  • When you participate in a contest, promotion, sweepstakes, survey or other promotion;

  • When you participate in a blog or forum; and

  • When we conduct market research or when we meet you at a social or other event.

 

We may combine personal information that we collect about you with personal information you provide to us through other sources, such as our third-party property management services or payment applications, phone call or in-person inquiries or marketing events. We will use the combined personal information in accordance with this Privacy Notice for as long as it is combined.

 

OTHER INFORMATION

 

Other Information We Collect

 

Other Information” is any information that does not reveal your specific identity or relate to you as an identifiable individual. Other Information is anonymous data.

 

Other Information includes:

 

  • Browser information;

  • Information collected through cookies, pixel tags and other technologies;

  • Demographic information and other information provided by you;

  • Aggregated information;

  • Style and usage preferences; and

  • Physical location.

 

How We Collect Other Information

 

KDG and KDG’s third-party service providers may collect Other Information in a variety of ways, including:

 

  • Through your browser or mobile device;

  • Applications for residential unit occupancy submitted by email or other electronic means.

 

Certain information is collected by most browsers and devices, such as your Media Access Control (MAC) address, computer type, screen resolution, operating system version, device manufacturer and model and Internet browser type and version.

 

  • Through your use of an App.

 

When you download and use an App, we and our service providers may track and collect App usage data, such as your location, or the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

 

  • Through your use of an App, connected device or vehicle, including unmanned aerial vehicles.

 

The physical location of your device and its associated date and time is collected by satellite, cell phone tower, Wi-Fi signals or other technologies. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our partners may not be able to provide you with the applicable personalized services and content.

 

  • From you.

 

Information such as your location as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site or App.

 

  • By aggregating information.

 

Aggregated Personal Information does not personally identify you or any other user of the Site or App. For example, we may use Personal Information to calculate the percentage of KDG clients or interactors who have a particular telephone area code or who use an Android device or an iOS device.

 

Please continue reading to learn how we use cookies and similar tracking technologies.

 

How We Use and Disclose Other Information

 

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. If we are required to treat Other Information as Personal Information under applicable law, then we use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Notice.

 

In some instances, we combine Other Information with Personal Information, such as combining your name with your geographical location. If we combine any Other Information with Personal Information, such as when we combine information you provide upon registration with Other Information to provide you with targeted personalized marketing, the combined information will be treated by KDG as Personal Information.

 

Automatically Collected Information  


We may passively collect information that is automatically sent to us by your web browser or your internet service provider. This information typically includes your domain name, your username, and your numerical IP address. The amount of information sent by your web browser depends on its settings. Please refer to your browser if you want to learn what information it sends. We use this type of information to see which web pages you visit at our website, which website you visited before coming to our website, and where you go after you leave our website. We can then develop statistics that help us understand how our visitors use our website and how we can improve it.

 

When you submit a question or a suggestion using this website, you will be required to provide information that we need to complete your request, including your name, address, phone number, and email address. We may have collected similar information from you in the past.

Cookie Generated Information


We may actively obtain information about you by installing a marker on your computer commonly called a “cookie”. Cookies enable us to know you by a computer-generated, unique identifier. By providing you with a unique cookie, we are able to create a database of your previous choices and preferences, and in situations where these choices or preferences need to be collected again; they can be supplied by us automatically, saving you time and effort. Your computer may be specially configured to reject cookies; please refer to your browser for more information. Many websites of companies associated with KDG will allow you to visit without accepting cookies, but some features of our websites may not work properly if you choose to reject cookies.

 

User Generated Information   


We collect information at this website when you contact us and when you respond to surveys, questionnaires, or enter contests, sweepstakes, or giveaways that we might make available. If you provide us with your email or email us directly, you are voluntarily releasing the content of your email to us (including your email address). If you answer questions we placed on the website page or a social media site, you are also voluntarily releasing that information to us. You may decide not to answer any questions presented to you at our website or on a social media site; if you do, you may still continue your visit, but we may elect not to provide you with services, opportunities, responses or features related to the questions you choose not to answer.

 

How Information is Used and Shared 


We may use Personal Information for one or more of the following purposes:

 

  • Respond to your inquiries; collect your suggestions, and fulfill your requests, such as to send you email alerts, and contact you to answer any questions to the extent possible.

  • Send you important information regarding our properties, payments, mail, deliveries, amenities, maintenance issues, the website or terms, conditions, and policies and/or other administrative information.

  • Complete and fulfill your request or inquiry, for example, to communicate with you regarding your occupancy at one of our affiliates’ or managed properties, to answer to your questions, and to provide you with related service and assistance, if any.

  • Send you marketing communications that we believe may be of interest to you, including information about upcoming opportunities, invitations, events, apps, and exclusive deals.

  • Personalize your experience on the website by presenting opportunities, products and offers tailored to you.

  • Allow you to participate in surveys, sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we recommend that you read these rules carefully.

  • Allow you to communicate and interact with others through the website and through the Residential Portal (for example, through a blog, dashboard, message board, messaging functionality, chat functionality, profile or other social media).

  • Enable our business purposes, such as data analysis, audits, researching and developing new products and services, enhancing this website, improving our services, developing marketing events, identifying usage trends and determining the effectiveness of our promotional campaigns. We may analyze aggregated demographic information and personal information for historical, statistical, or scientific purposes, or we may store the personal information for your convenience should you return to this website in the future.

  • As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and for any legal purpose (other than credit information); (c) to investigate security breaches; (d) to respond to requests from public and government authorities; (e) to enforce our terms and conditions; (f) to protect our operations; (g) to protect our rights, privacy, safety or property, you or others; and (h) to allow us to pursue available remedies or limit the damages that we may sustain.

 

In the course of any of these activities, we may transmit any of the information we have collected with affiliates or third parties. We may disclose your information to companies and individuals we employ to perform business functions on our behalf. An example of a third party that could receive your personal information is a data processing contractor that operates computer systems on our behalf or a company with whom we transact business or associate with for the purposes of aggregating and analyzing demographic information, offering certain products, services, a contest, sweepstakes, or other promotion event or facilitating the leasing process and lease information through the Residential Portal.

Additionally, we might establish a business relationship with other persons or entities whom we believe are trustworthy and whom we understand their privacy policies to be consistent with ours. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

 

To serve you better, we may combine information you give us online, in person or through direct mail. We may also combine that information with publicly available information and information we receive from or cross-reference with affiliates or third parties, including providers of third-party cookie and other third party browsing and use data.

 

We use this combined information to enhance and personalize the experience of you and others with us, and to recognize our customers so that we can communicate with you directly about our properties, services, and events that may be of interest to you, and for other promotional purposes.

 

By using this website, you agree to the terms of this Privacy Notice. By agreeing to the terms of this Privacy Notice, you are consenting to our continued use of previously collected information under the terms of this Privacy Notice.

 

Direct Marketing

           
We may use all information collected at this website for direct marketing and e-marketing purposes including the sharing of the information with our affiliates or third parties unless you specifically request that it not be used for that purpose.

 

Links to Other Sites    


For your convenience, our website may contain certain hyperlinks to other websites as well as to third party websites. This Privacy Notice applies only to information collected on this website and not to information collected on linked sites. We encourage you to be aware when you leave this website and to read the privacy statements of each and every linked site that collects your personal information.

 

Children's Information


We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities. We do not target our websites to children less than 16 years of age or knowingly collect information from children for the purpose of selling products or services.

 

 

“Do Not Track” Signals        


Our systems do not recognize "Do Not Track" signals, but third-party companies who use cookies or beacons on our web sites enable you to opt out of certain behavioral advertising. We provide you with additional tools to opt out of marketing from us or certain transfers of your information. You can learn about this in the "Opting Out" section of this Privacy Notice.

 

Retention Period

 

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or allowed by law.

 

The criteria used to determine our retention periods include:

 

  • The length of time we have an ongoing relationship with you and provide requested services to you;

 

  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

 

  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

 

Information Security

           
We use commercially reasonable methods consistent with industry practice to protect your personal information from unauthorized access or disclosure. While we consider these policies and procedures to be adequate, there is still a risk that your personal information could be misappropriated. No method of transmission over the internet, or method of electronic storage, is completely secure. Therefore, we cannot guarantee the absolute security of your Personal Information. If you have any questions about security on our site, you can send an email to us at email address specified below.

 

Changes in this Privacy Notice

           
We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we make material changes to this notice, we will notify you here, by email, or by means of a notice on our home page.

 

Opt Out


If you do not want us to use your Personal Information as described in this statement, please contact us at 

info@kdgi.com. Please note that we will not be able to process questions or contact you without your Personal Information.

 

Cross-Border Transfer

 

Your Personal Information might be stored and processed in any country where we have operations, property developments, or where we have engaged a service provider, including the United States, which may have different data protection rules than in your country.

 

If you are located in the European Economic Area (“EEA”): Some non-EEA countries are recognized by the European Commission (“EC”) as providing an adequate level of data protection according to EEA standards (see the full list of countries). For transfers from the EEA to countries not considered adequate, please contact us to work with you to put in place adequate measures.

 

Contact Us      


If you have any questions, comments, or would like to request access to the information KDG has gathered about you at this website by contacting us at info@kdgi.com or write to the following address:

 

Information Request Center

 

Attention: KDG Privacy Lead

KDG Real Estate, LLC

8025 Bonhomme Avenue

Suite 200

St. Louis, Missouri 63105

Email: info@kdgi.com

 

 

COOKIE POLICY

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. We also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts.

 

More specifically, we use cookies and other tracking technologies for the following purposes:

  • Assisting you in navigation;

  • Assisting in processing rent and other payments to us and our affiliates, registration to our events, login, and your ability to provide feedback;

  • Analyzing your use of our products, services or applications;

  • Assisting with our promotional and marketing efforts. (including behavioral advertising)

 

Below is a detailed list of the cookies we use on our Website. Our Website is scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:

  • Strictly Necessary Cookies

  • Performance Cookies

  • Functional Cookies

  • Targeting Cookies

 

Cookie Settings

 

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.
 

You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

 

Wix

  • XSRF-TOKEN

  • hs

  • PHPSESSID

 

WordPress

  • PHPSESSID

  • wp-settings

  • wp-settings-time

 

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.      

All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

Google Analytics

Google Analytics gathers information allowing us to understand interactions with our websites and ultimately refine that experience to better serve you.

  • __utma

  • __utmz

  • _gat

  • _gid

  • _ga

  • __utmb

  • __utmc

  • __utmv

 

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages.

If you do not allow these cookies then some or all of these services may not function properly.

 

Wix

  • TS01********

  • ssr-caching

  • svSession

  • poptin_old_user

  • poptin_referrer

  • poptin_session

  • poptin_user_id

 

WordPress

  • hustle_moduale_show_count-popup

  • wpfront-notification-bar-landingpage

 

Formstack

  • FSAC

  • FSAV

  • __ssid

  • _ga

  • _gac_UA-15307491-1

  • _gcl_ua

  • _gcl_aw

  •  optimizelyBuckets

  •  optimizelyEndUserId

  •  optimizalySegments

  • AWSALB

  • AWSALBCORS

  • PHPSESSID

 

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.

They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

 

Google / DoubleClick

  • 1P_JAR

  • ANID

  • APISID

  • HSID

  • NID

  • SAPISID

  • SID

  • SIDCC

  • SSID

  • _Secure-3PAPISID

  • _Secure-3PSID

  • _Secure-APISID

  • _Secure-HSID

  • _Secure-SSID

  • DV

  • OTZ

  • UULE

  • DSID

  • IDE

 

Pardot

  • visitor_id

  • Ipv362271

  • pardot

 

YouTube

  • APISID

  • HSID

  • LOGIN_INFO

  • SAPISID

  • SID

  • SIDCC

  • SSID

  • VISITOR_INFO1_LIVE

  • YSC

  •  _Secure-3PAPISID

  •  _Secure-3PSID

  •  _Secure-APISID

  •  _Secure-HSID

  •  _Secure-SSID

  • remote_sid

 

 

Cookie Control & Opt Out

Essential cookies cannot be disabled. If you want to disable performance or targeting cookies you can typically modify the options to your web browser through the browser settings.

Find out how to manage cookies on popular browsers at links below. To find information relating to other browsers, visit the browser developer's website.

To opt out of being tracked by Google Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html.

 

 

Email Opt Out

We hope you enjoy receiving email messages and updates from KDG and KDG properties. If you do not wish to receive email from KDG or KDG properties, please contact us at marketing@kdgi.com.

 

 

Copyright © 2020. KDG Real Estate, LLC. All rights reserved.

 
 
 
 
GET IN TOUCH:

314.993.5800

info@kdgi.com

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8025 Bonhomme Avenue, Suite 200
St. Louis, MO 63105

 

Site Use & Privacy

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