Terms of Service

These Terms of Service (the "Terms" or this "Agreement") govern your access to and use of kcapts.com (the "Site"), operated by Monarch Investment and Management Group ("Monarch," "Company," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you may not use the Site.

IMPORTANT — PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MONARCH. THIS AGREEMENT, ALONG WITH ANY OTHER TERMS POSTED ON THE SITE AND OUR PRIVACY POLICY, SETS FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE.

1. Your Acceptance

By using the Site, you expressly accept and consent to these Terms without qualification. We may amend these Terms from time to time. Should these Terms be modified in any way, the new Terms will be posted to this webpage. By using the Site after the effective date of any modification, you expressly consent, without qualification, to the modified Terms. If any modification is not acceptable to you, your sole and exclusive remedy is to discontinue use of the Site.

2. The Site is Informational; Rental Transactions Occur Elsewhere

The Site is provided for informational and marketing purposes. It allows you to learn about apartment communities managed by Monarch in the Kansas City, MO area, view listing summaries, schedule a consultation with a leasing advisor, and (where available) initiate a rental prequalification screening.

The Site is not the place where you enter into a lease or rental contract. Pricing, availability, floor plans, and other listing details displayed on the Site are informational and may differ from the terms offered at the individual property. Any rental application, lease agreement, deposit, or rental payment is transacted separately, typically through each property's own website hosted on the RentCafe platform (operated by Yardi Systems, Inc.), and is governed by RentCafe's own terms of service and by the individual lease executed between you and the property.

NOTHING DISPLAYED ON THE SITE CONSTITUTES AN OFFER OR PROMISE TO LEASE, AND NO LEASE OR RENTAL CONTRACT IS FORMED THROUGH YOUR USE OF THE SITE.

3. Eligibility and Authority

The Site is intended for users 18 years of age or older. By using the Site, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity and authority to enter into this Agreement; (c) any information you provide through the Site is true, accurate, current, and complete; and (d) your use of the Site complies with all applicable international, national, federal, state, provincial, and local laws and regulations, including without limitation Fair Housing laws.

4. Access to and Use of the Site

Subject to your compliance with these Terms, we grant you permission to access and use the Site for your own personal, non-commercial use. You shall not (and shall not allow any third party to):

• (a) engage in commercial use of the Site or any content on the Site;
• (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, or create derivative works from any portion of the Site or its content;
• (c) remove any copyright, trademark, or other proprietary rights notices contained in or on the Site;
• (d) use any robot, spider, scraper, or other automated device or process to access, retrieve, or index any portion of the Site, including for purposes of constructing or populating a database of property listings;
• (e) collect or harvest any information about other users;
• (f) reformat or frame any portion of the Site;
• (g) submit consultation requests or other forms by automated means, or under false, misleading, or fraudulent pretenses;
• (h) create or transmit unwanted electronic communications such as spam;
• (i) transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
• (j) use the Site to violate the security of any computer network, crack passwords or security codes, or transfer or store illegal material;
• (k) copy or modify the HTML code or other source code used to generate the Site;
• (l) use any device, software, or procedure that interferes with the proper working of the Site, or that imposes (or may impose, in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• (m) modify, adapt, translate, or reverse engineer any portion of the Site; or
• (n) use the Site, intentionally or unintentionally, to violate any applicable law or regulation, including without limitation Fair Housing laws.

We have the right, but not the obligation, to take any of the following actions without prior notice: (i) change or terminate all or any part of the Site; (ii) restrict or terminate your access to all or any part of the Site; or (iii) refuse, move, or remove any content from the Site.

You are solely responsible for providing all equipment necessary to access the Site, and for any internet, telephone, wireless, or other service fees associated with such access.

5. Property Listings, Pricing, and Availability

The Site displays information about apartment communities managed by Monarch, including photographs, descriptions, floor plans, amenities, and live or recently fetched pricing and availability data sourced from our property management system. This information is provided for general informational purposes only.

Pricing, availability, floor plans, specials, fees, and lease terms are subject to change at any time without notice and may differ from those offered at the individual property. The presence of any listing on the Site is not a guarantee that a particular unit, floor plan, or pricing remains available. You should verify all listing details with the individual property directly before relying on them.

6. Forms, Submissions, and Communications

The Site provides forms through which you may submit information, including a consultation scheduling form and (when available) a rental prequalification screening form. By submitting information through any such form, you represent and warrant that:

• (a) the information you provide is true, accurate, current, and complete;
• (b) the information does not violate any duty toward or rights of any person or entity, including any Fair Housing, copyright, trademark, trade secret, privacy, or publicity right;
• (c) the information is not fraudulent, misleading, defamatory, threatening, abusive, or obscene; and
• (d) you have the right to submit the information.

By submitting your information through the Site, you consent to our use and sharing of that information as described in our Privacy Policy. Where you provide information for the purpose of a rental prequalification screening, you consent to the screening process and to the transmission of your information to the applicable property management system and screening service provider.

We may contact you using the methods of contact you provide (phone, text, email, or video) in response to your submission. We may also send you appointment confirmations, reminders, follow-up communications, and other transactional messages relating to your inquiry.

A leasing advisor may follow up with you about apartment homes, availability, and leasing opportunities that may interest you, and we may send you marketing communications about our communities. You may opt out of marketing communications at any time, as described in Section 8 of our Privacy Policy.

Calls and text messages. Where a form offers a separate, optional checkbox consenting to calls or text messages, including by automated means, ticking that box is your prior express written consent to be contacted at the number you provide. That consent is not a condition of submitting the form, of being prequalified, or of renting from us, and you may withdraw it at any time by replying STOP to any text message or by contacting us. Message and data rates may apply.

Where you provide a telephone number and select a contact method that requires one, you are asking us to reach you at that number about your request, and we will do so regardless of whether you opt in to marketing contact.

7. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy describes how we collect, use, disclose, and protect information when you visit or interact with the Site. In the event of a conflict between the Privacy Policy and these Terms with respect to its subject matter, the Privacy Policy shall take precedence.

8. Our Rights

We have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

9. Third-Party Links, Products, and Services

The Site contains links to and loads resources from third-party websites and services, including but not limited to:

• Individual property websites hosted on the RentCafe platform (operated by Yardi Systems, Inc.), where rental applications, lease execution, and rental payments occur;
• Mapbox, which powers the property map and commute estimator on the Site;
• Google LLC, including Google Analytics 4, Google Tag Manager, and Google Fonts; and
• Other resources we may add from time to time.

Access to such third-party websites, services, and resources is included solely for the convenience of users and does not constitute any endorsement or approval by Monarch of the third party, its products, or its services. We make no representations or warranties, express or implied, with respect to any information, products, services, or other materials available through any third-party website or service. Because we have no control over third-party websites or services, you acknowledge that we are not responsible or liable for, and do not endorse, the availability, accuracy, completeness, or authenticity of information or services available through them. If you decide to access any third-party website or service, you do so entirely at your own risk and may be subject to the terms and privacy policies of that third party.

10. Intellectual Property

The Site and the content displayed on it — including text, photographs, graphics, video, logos, design, software, and other materials — are owned by or licensed to Monarch and are protected by United States and international copyright, trademark, and other intellectual property laws. The "Monarch Investment and Management Group" name and logo, the "Rent Monarch" name, and other registered and unregistered marks used on the Site (the "Monarch Marks") are trademarks, trade names, or service marks of Monarch unless otherwise indicated. You are not authorized to use or display the Monarch Marks without our prior express written permission. All other trademarks are the property of their respective owners.

You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works from, or otherwise commercially exploit any of the content on the Site without our prior written permission. You must abide by all copyright notices, information, and restrictions contained in or attached to any content on the Site.

11. Fair Housing

Monarch is committed to compliance with the federal Fair Housing Act and applicable state and local fair housing laws. We do not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected by applicable law in connection with the rental of housing or in the operation of the Site. Reports of suspected fair housing concerns may be directed to us using the contact information in Section 20.

12. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR ACCESSIBLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. MONARCH AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, MONARCH MAKES NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR PERFORMANCE OF THE SITE; (B) REGARDING ANY INFORMATION, PRICING, AVAILABILITY, ADVICE, OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR ANY INFORMATION OR MATERIALS THEREIN WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR ANY FUNCTIONS CONTAINED IN IT WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (F) THAT THE SITE AND ITS SERVERS ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONARCH OR FROM YOUR USE OF THE SITE, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

MONARCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, SERVICE PROVIDERS, LICENSORS, AND CONTRACTORS (COLLECTIVELY THE "MONARCH ENTITIES") WILL NOT BE LIABLE FOR:

• (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS, OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, OR ANY MATERIALS AVAILABLE THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE MONARCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
• (B) THE CONTENT OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED OR SUBMITTED BY YOU OR OTHER THIRD PARTIES;
• (C) THE CONTENT, SERVICES, OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY MONARCH OR ITS AFFILIATES, BUT NOT ACTUALLY CONTROLLED, OWNED, OR OPERATED BY MONARCH;
• (D) THE CONTENT OF ANY THIRD-PARTY WEBSITE ACCESSED FROM OR LINKED TO THE SITE; OR
• (E) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site.

14. Indemnification

You agree to indemnify, defend, and hold harmless Monarch and the Monarch Entities from and against any claims, liabilities, losses, costs, damages, or expenses (including reasonable attorneys' fees and costs), directly or indirectly arising out of or in any way relating to: (a) your negligence or misconduct; (b) any information you submit through the Site; (c) your use of the Site; (d) any violation or breach of these Terms; or (e) any violation or infringement of the intellectual property, privacy, publicity, confidentiality, or proprietary rights of any third party as a result of your use of the Site.

You are solely responsible for defending any such claim and for payment of any resulting losses, costs, damages, or expenses. Monarch shall have the right, in its sole discretion, to select its own legal counsel to defend itself (which does not excuse your indemnity obligations), and you shall be responsible for payment of Monarch's reasonable attorneys' fees incurred in connection therewith. You shall not, without Monarch's prior written approval, settle or enter into any proposed settlement or resolution of any claim if such settlement results in any obligation or liability for Monarch.

15. Termination

We may, in our sole discretion and with or without notice, terminate or suspend your access to the Site (or any part of it) for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also discontinue providing the Site, or any part of it, at any time with or without notice. You agree that any termination of your access may be effected without prior notice, and we shall not be liable to you or any third party for any termination of your access to the Site.

16. Modifications to the Site

We reserve the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Site or any part of it (including any feature or content), with or without notice and without liability to you. You agree that we have no responsibility or liability for the failure of the Site or the deletion of content. You further agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

17. Governing Law and Dispute Resolution

These Terms and the relationship between you and Monarch shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. You and Monarch hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts located in Douglas County, Colorado (or the court of competent jurisdiction closest thereto), and consent to the personal jurisdiction of such courts. You and Monarch irrevocably waive, to the fullest extent permitted by law, any objection to the venue of any proceeding brought in such courts or any claim that a proceeding commenced in such courts has been brought in an inconvenient forum.

18. State Consumer Privacy Rights

Depending on where you live, state privacy law may give you rights over the personal data we hold about you, including the rights to access, correct, delete, and obtain a portable copy of that data, to opt out of targeted advertising, the sale of personal data, and certain profiling, and to appeal a denied request. Section 8 of our Privacy Policy describes those rights and how to exercise them, including rights specific to Colorado and Texas residents.

If you are a Colorado resident, the Colorado Privacy Act ("CPA") provides you with certain rights regarding personal data we have collected about you. Subject to certain exceptions, you have the right to: (a) confirm whether we are processing your personal data and access that personal data; (b) correct inaccuracies in your personal data; (c) request the deletion of your personal data; (d) obtain a portable copy of personal data we have collected and maintain about you; and (e) opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. To exercise these rights, please see our Privacy Policy or contact us using the information in Section 20. We will respond to verifiable requests as required by the CPA. If we deny your request, you have the right to appeal that decision, and we will provide appeal instructions in our response.

19. General

19.1 Assignment. You may not assign or transfer this Agreement, in whole or in part, without our prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment in violation of this Section will be null and void. We may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

19.2 Waiver. Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

19.3 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.

19.4 Entire Agreement. These Terms, together with our Privacy Policy and any other terms agreed to in writing by the parties, constitute the entire and exclusive understanding and agreement between you and Monarch regarding the subject matter hereof, and supersede any and all prior or contemporaneous representations or understandings.

19.5 Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

19.6 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Monarch.

20. Contact

If you have questions about these Terms, please contact us at: