Privacy Policy
Terms of Use
Last Updated: January 31, 2025
This website at www.lex-properties.com (the “Website”) is made available to you by Lex Properties, LLC (“Lex Properties”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing, or using the Website. By accessing, viewing, or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view, or use the Website. Lex Properties may modify the Terms of Use from time to time, in its sole discretion. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.
The Terms of Use do not alter the terms and conditions of any agreement you may have with Lex Properties or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and Lex Properties, the Terms of Use are the entire agreement between you and Lex Properties and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Lex Properties about this Website.
USE OF COPYRIGHTED MATERIALS/TRADEMARKS
Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information, or works of authorship are copyrighted materials (i) owned by Lex Properties (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to Lex Properties (collectively, the “Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information, and other restrictions in connection with the Website, including without limitation any Materials and Third Party Content therein.
The Materials contain trademarks, service marks, and trade names which are owned by Lex Properties and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:
- Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
- Lex Properties reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Lex Properties.
- The Third Party Content may also contain brand and product names which are trademarks, service marks, or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use.
Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights (“IP Rights”) of Lex Properties, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to Lex Properties, its affiliates, and/or any third party, as applicable.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a "hypertext" link to the Website provided that such link is to the entry or home page of this Website and does not portray Lex Properties or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Lex Properties at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Lex Properties trademark, logo, or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of Lex Properties in each instance.
LINKS TO THIRD PARTY WEBSITES
The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Lex Properties. If you use these links, you may leave the Website. Lex Properties has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. Lex Properties does not endorse any opinion, recommendation, or advice expressed therein or make any representations about third-party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services, or materials found there, or any results that may be obtained from using them, and Lex Properties expressly disclaims any and all liability in connection with such third-party sites.
NONINTERFERENCE
You shall not circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on the use of the Website or any such content therein.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written agreement between you and Lex Properties or a Lex Properties affiliate, Lex Properties has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Lex Properties assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of materials and/or third-party content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of Lex Properties’ secure servers, (iv) any interruption or cessation of transmission to or use of the Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LEX PROPERTIES BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL LEX PROPERTIES BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER LEX PROPERTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF LEX PROPERTIES FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. BY USING OUR SERVICES, YOU AGREE THAT ANY DISPUTES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST LEX PROPERTIES.
GENERAL PROVISIONS
Enforcement of the Terms of Use will be governed by Kentucky law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in Fayette County, Kentucky, or the federal district courts sitting in the Eastern District of Kentucky, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Lex Properties to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lex Properties in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.