LEGAL

Legal Disclaimers

Yup, this is a long page … got to keep the lawyers happy and cover posteriors, so if you are one (a lawyer or a posterior), please read to the very end.

Last updated May 30th, 2020

Sponsorship, Authorization, and Endorsement Disclaimer

Quivira, Inc. and the “Q Arrow” logo are unregistered trademarks of Quivira, Inc. and neither Quivira, Inc. or the City of Lake Quivira sponsor, authorize or endorse this site.

The community references contained in this site are provided for convenience only, do not indicate sponsorship, affiliation, association, endorsement, or approval of any nature, and are not intended to imply any authorization or license to use any trade name, trademark, logo, seal or copyrighted material.

Some of the references on this site contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply affiliation or association with, or legal authorization to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in these links.

Website Disclaimer

The information provided on this Site is for general informational purposes only.

All information on the Site is provided in good faith, with no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE.

YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

External Links Disclaimer

For the convenience of users, the Site may, from time to time, contain (or you may be sent through the Site to) links to other websites or content belonging to or originating from third parties. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

Visitors to this Site acknowledge that these third-party sites are maintained by persons or organizations over which this Site exercises no control. We expressly disclaim any responsibility for the content or the accuracy of any information from third parties and do not control, endorse, promote, or have any affiliation with any other website unless expressly stated in this Site.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE.

Professional Disclaimer

The Site cannot and does not contain advice. All information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of professional advice.

We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

Policies & Statements

Map Policy

The map used on this Site is published on the web by Google, and was sourced and created under an open licence, including the boundaries and names shown and the designations used on this map.

Response to Cease and Desist Letters Policy

Receipt of any Cease and Desist letter (or similar legal correspondence) containing accusations or threats that are not made in good faith by the claimant and / or their representatives may result in corresponding responses and actions taken against the claimant and / or their representatives which may include pursuit of compensatory and / or punitive damages and / or legal or professional sanctions and / or censure.

In addition, claimants and their representatives sending such correspondence containing accusations and threats not made in good faith should have a reasonable expectation that their correspondence will be disclosed, published, and distributed on this Site.

Fair Use Statement

This Site may contain copyrighted material, even though the copyright owners may not have formally asserted copyright. The use of any copyrighted material may not have been specifically authorized by the copyright owner.

Under section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research.

Fair use is a use permitted by this statute that might otherwise be infringing, without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest.

The fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on flexible proportionality tests of four specific factors, which are (1) the purpose and character of use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the work used, and (4) the impact on the potential market of the original work.

Any copyrighted material contained in this Site is available on this Site in an effort to explain issues relevant to multiple public interest topics in an editorial manner or to illustrate the use and benefits of an educational tool. Fair use content is used only if its presence can significantly increase understanding of the topic and if its omission would be detrimental to that understanding.

The material contained in this Site is distributed without profit for research and educational purposes only, only small portions of the original work are being used, and those could not be used easily to duplicate the original work.

Data and information contained in this Site is publicly available, meaning that there is a reasonable expectation that any member of the public could obtain this information lawfully, with relative ease (as compared to confidential information, proprietary information, or information provided for commercial purposes, for a charge) and at minimal cost, with no effect on the subsequent market value of any copyrighted work.

THEREFORE, ANY USE OF COPYRIGHTED WORK CONTAINED IN THIS SITE CONSTITUTES A ‘FAIR USE’ OF ANY SUCH COPYRIGHTED MATERIAL (REFERENCED AND PROVIDED FOR IN SECTION 107 OF THE US COPYRIGHT LAW).

In addition, the Site owner assets their rights under the following Kansas Statutes:

K.S.A. § 58-4616 et. seq (The Kansas Uniform Common Interest Owners Bill of Rights Act), which allows the Site owner to request and use information available to them under this statute for any reasonable purposes other than for commercial purposes.

K.S.A. § 45-215 et. seq (The Kansas Open Records Act (KORA))

K.S.A. § 75-4317 et. seq (The Kansas Open Meetings Act (KOMA))

In addition, the website owner is unaware of any (legally valid, or otherwise) By-laws, Rules, or Policies passed by Quivira, Inc.* or ordinances passed by the City of Lake Quivira that prevent legitimate non-commercial use of any data or information contained in this Site by a Foundation Member of Lake Quivira.

* The Board of Directors of Quivira Inc. and their legal counsel has also failed to respond to requests to identify any such By-laws, Rules, or Policies

“Copyleft” Statement

If users of this Site wish to use any copyrighted material from this Site for purposes of that go beyond “fair use”, they must obtain expressed permission from the copyright owner.

Any content from this site that is used under the fair use doctrine must not decrease the market value of any copyrighted works.

Without limitations to the above, users of this Site are granted the right to freely duplicate, modify, and distribute copies and modified versions of any of the content contained on this Site with the stipulation that the same rights be preserved in derivative works created later.

Statement relating to the analysis of HOA dues

The Site owner notes that if disclosure of HOA dues was contrary to any (legally valid, or otherwise) By-laws, Rules, or Policies passed by Quivira, Inc. then the majority of Lake Quivira real-estate marketing materials would also be in contravention of such decrees, which commonly detail HOA dues and specific associated membership fees.

The Site owner is unaware of any actions taken by Quivira, Inc. against members who have disclosed and published specifics of HOA dues in real-estate marketing materials or otherwise, including members of their own Board of Directors, and selective action against only certain members, and preferential treatment of Directors, would represent breaches of their Fiduciary Duty (i.e. all members must receive the same treatment under the same specific By-laws, Rules, or Policies and the interpretation of them).

For the avoidance of doubt, the Site owner also notes that when any Federal, State, or Local laws contradict any By-laws, Rules, or Policies passed by Quivira, Inc., then these laws take precedence over such By-laws, Rules, or Policies, and that multiple pieces of current legislation allow for the unfettered and unmolested disclosure and publication of information related to HOA’s and properties covered by HOA’s, and the freedom of speech and expression.

The Site owner makes no comment on why anyone would want to restrict or deny open disclosure of historical and current HOA dues if there are no problems with them (such as their historical and current growth rates, contents, and levels set by the Directors of an HOA affecting the long-term value of the properties they cover in a negative way).

Statement relating to geographic “catchment area” and geo-demographic analyses

The Site owner notes that no Personal Identifiers (PID) or personally identifiable information (PII) data elements are used or disclosed in the previously discussed map that illustrates a probable geographical catchment area of Lake Quivira.

Specifically, plot points are anonymized within standard postal enumeration districts at an accuracy of no more than 1,500 meters.

The Site owner also notes that in addition to collated Country Club member information being available to all current and past members of Lake Quivira, this information has historically been (publicly) published in a physical form on an annual basis in the (advertising sponsored) Lake Quivira member directory, subsequently making it available to members of the public outside the membership, for commercial purposes.

Therefore, such information cannot be retroactively classified as confidential information.

Furthermore, the selective, minimized, anonymized use data in this analysis conforms to the four key considerations of ‘fair use’ (as elucidated above) and therefore such use in catchment area analysis constitutes “Fair Use” for copyright purposes, as well as being specifically protected under current legislation including K.S.A. § 58-4616 et. seq.

Statement related to analysis of Average House Prices

The data used is publicly available from the Johnson County Appraisers office and on their website. It being related to property taxes, it is both more reliable than proprietary real-estate systems such as MLS, and is also relied upon by organizations such as Quivira, Inc. for purposes such as placement of liens on properties in dues arrears.

The data used relates to residential properties only, excluding all other property types.


Thank you for reading to the end of this section.

Failure to do so prior to issuance of Cease and Desist (or similar communications) may be deemed to be a failure to display “good faith” in any accusations and threats made and, as per the previously elucidated policy, could result in corresponding responses and actions taken against the claimant and / or their representatives which may include pursuance of compensatory and / or punitive damages and / or legal or professional sanctions and / or censure.