Terms and Conditions

Last updated: Nov 17, 2024

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to KTrents or KT Premier Properties website.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Products refer to the products or items offered for sale on the Service.
  • Orders mean a request by You to purchase Products from Us.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms” or “Terms of Use”) mean these Terms and Conditions that form the entire agreement between You and KTrents.com or KT Premier Properties regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to KTrents.com, accessible from https://ktrents.com
  • You means the individual accessing or using the Service, or KTrents.com or KT Premier Properties, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions, along with our Privacy Policy, govern the use of this Service and the agreement that operates between You and KTrents.com or KT Premier Properties. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service, General Contracting , Leasing Rental Properties, or purchasing digital or physical products.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. KTrents.com or KT Premier Properties does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of KTrents.com or KT Premier Properties. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Management Agreement: UPDATED 1/01/2020

This Agreement is entered by and between KT Premier Properties, LLC hereinafter called “AGENT,” and, ____________,hereinafter called “OWNER” WITNESSETH that, in order to induce AGENT to enter into this agreement, OWNER hereby represents to AGENT that he/she/they is/are the OWNER(s) of the following described property located in Winnebago County, IL (“premises”), Address(s); Parcel or tax ID # (s):    

                                            

In consideration of this representation and the fees to be paid, KT agrees to act as management AGENT with respect to this property(s), to use due diligence in the management of said premises upon the terms herein provided, and agrees to furnish the services of his organization for the renting, leasing, operating and managing of said premises subject to and in accordance with the terms and provisions set forth below:

I. AGENT’S COMPENSATION:

A. A monthly management fee shall be charged as follows:

1. For each commercial, condominium, apartment, townhouse, single family or for owners of multiple properties managed by KT Premier Properties LLC, 10% (ten percent) of the agreed monthly rent vacant or occupied, at the 1st of the month of rent uncollected or collected.

2. For each new lease drawn, owner will incur $325.00 fee.                    

            3. For each new tenant placed, owner will incur a $375.00 fee.

B. OWNER required to pay AGENT a one-time $250 set up fee per unit and $250 reserves funds, of which can be used from rent roll (not be required upon signing agreement).

            D. Any interest earned on tenant’s security deposit shall be retained by AGENT, disbursed to tenant if applicable

            E. Any late charge: judicial fine, pet fee, penalty, material rebates, or multiple damages or interest collected from the tenant shall be retained by AGENT as an additional fee, as described in Paragraph IV.B.

II. LEASING:

A. OWNER hereby authorizes AGENT to rent the premises, at a monthly rent no lower than $ fair rental market, for terms of month-to-month tenancy up to 1 year lease(s), in the event AGENT is unable to rent the premises at the above rental amount, AGENT is hereby authorized to lower said rent to 5% below market rent.

B. All utility charges, as appropriate, shall be paid by the tenant during tenant’s occupancy with exception to Water/sewer charges of which will be paid by Owner.  Pets (   ) shall – (   ) shall not, be allowed and/or limited as follows: No exotic or endangered pets.  Monthly pet fee of $30 per pet will be added to tenants rent and a one-time $300 per pet fee shall be collected of which shall be considered non-refundable.                                            Up to _____ total pets allowed (dogs and or cats).

C. AGENT shall collect an amount equal to: 1-1.5 month as a security deposit from                                   Tenant(s).  The security deposit shall be maintained in AGENT escrow or trust.

III. DISBURSEMENTS: AGENT shall pay, OUT OF OWNER’S FUNDS AVAILABLE, the following as they shall accrue and in the order here set out:                      

            A. AGENT’s compensation, as set forth in Paragraph I.

B. Such utility bills (including gas, electric, and water), necessary repairs and/or maintenance charges to maintain the property, and cleaning charges as shall accrue or be necessary to preserve the property during periods of vacancy or occupancy, or to put the property in a rentable condition after vacated; or expenses to regain possession and/or to attempt to collect delinquent rent subject to the provisions set forth below; or necessary professional fees; or governmental assessments.

C.  Correspondence shall be sent to (mailing address): ___________________________________________

            D.  Tenant payments are disbursed no later than 1-15 days after receipt of cleared tenant funds.   

E. IT IS EXPRESSLY AGREED THAT NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS REQUIRING AGENT TO ADVANCE ANY OF ITS OWN MONIES FOR ANY PURPOSE.

IV. GENERAL PROVISIONS:

            A. GRANT OF POWER: Subject to the limitations set out herein, OWNER grants AGENT full power and authority to lease, let, rent, evict and maintain real property described, or any part thereof, in its own name as AGENT for OWNER. In order to effectuate same, AGENT may enter into such written contracts and/or leases as AGENT deems necessary, in its own name as AGENT for OWNER. AGENT may collect and receive all rents arising as a result of AGENT’s management of the premises. AGENT may use such means as are ordinary and customary in collecting or attempting to collect any delinquent accounts. AGENT may, at his discretion evict any tenant who violates any term of the lease. OWNER hereby assigns to AGENT collection of rents and all delinquent rents which may accrue from any tenant for thE purpose of crediting such rents to OWNER’s operating account for required disbursement.

            B. COLLECTION OF RENT

                        1. AGENT shall use such means as are ordinary and customary to collect or attempt to collect any rent from any tenant of the premises.  KT Premier Properties LLC requires all tenants to deposit manually, ACH, debit, credit payments to KT Premier Property account at designated bank or online portal.  In the event rent is not paid within the 5 day grace period, KT Premier Properties, its agents or associates will make one physical (1) attempt to collect via phone, email or in person. If rent cannot be collected, a five (5) day “Pay or Quit Notice” will be given to tenant via mail and in posting. If no rent is received within 5 Day Notice time frame a court date may be scheduled. In the event that legal action is necessary to obtain WRIT judgment for possession of the premises, delinquent rent, or damages upon other causes of action, AGENT is authorized to act on behalf of owner, to sue in its own name as AGENT for OWNER, and to expend the sum up to six hundred dollars fifty ($750.00) from OWNER’s account for such purposes without OWNER’s prior permission for court costs and sheriff fees. AGENT will then, instigate action, legal or otherwise, for the collection of rents at a rate of $78 per hour, provided such action is considered reasonable by the AGENT.

                        2. AGENT SHALL NOT BE HELD MONETARILY RESPONSIBLE FOR ITS INABILITY To COLLECT RENTS. AGENT SHALL NOT BE HELD RESPONSIBLE EXPENSES INCURRED FOR LEGAL ACTION INVOLVED IN THE COLLECTION OF RENTS AND/OR THE EVICTION OF ANY TENANT AND/OR DAMAGES INCURRED TO THE PROPERTY. All such expenses shall be paid by OWNER, reimbursable in the event AGENT is able to collect the rents, legal fees, or damages from the tenant.

                        3. If a late charge, pet fee, judicial fine, penalty, or multiple damage, or interest is collected from thE tenant, it shall be considered income to AGENT for its additional effort and time.

4. If deemed necessary, Agent reserves the right to modify this agreement (see M.) policy, procedures, collection of rent terms based on city ordinances, state statutes, law and our ability to operate efficiently.

C. MAINTENANCE:

1. AGENT shall have full authority to perform or to cause to be performed such maintenance of the property as is reasonable and necessary for the safety of the tenants and the preservation the property.

2. AGENT may, at his sole discretion, install fire/smoke detectors, carbon monoxide detectors and/or fire extinguishers on the property at OWNER’s expense.

3. In the event repairs, maintenance, or construction are required in excess of one hundred ($100.00), upon OWNER consent (with exception to emergencies, violations or work under $100.00) to perform work (see D.2), AGENT shall be entitled to a fee up to seventeen percent (19%) of the total said expenditures per subcontractor invoice.

            D. DISCRETIONARY AUTHORITY:

                        1. OWNER expressly grants AGENT full power and authority to contract and pay for all repairs (see C3.) and cleaning costs which in its discretion deems necessary or advisable to maintain; or put the premises in a rentable condition; or to repair the same in the event of damage or destruction to the premises due to fire, windstorm, hail, flood, riot, civil commotion, tenant abuse, or other causes resulting in damage to the premises, all out of the OWNER’s funds on hand. Should the estimate of contemplated cost exceed funds on hand, OWNER shall promptly remit, upon AGENT’s  request, the necessary balance.

                        2. In an emergency, as determined in AGENT’s discretion, OWNER authorizes AGENT’s expenditure in excess of funds on hand without prior authorization. OWNER may be required to remit, upon AGENT’s request, the necessary balance.

                        3. Failure of OWNER to remit balances described in this subparagraph shall result in AGENT’ reimbursement therefore from subsequent revenues ordinarily accruing and payable to OWNER.

            E. INSURANCE COVERAGE:

1. OWNER is obligated, at OWNER’s expense, to keep the necessary Fireand Extended Coverage Liability Insurance current and renewed. 

2. AGENTis obligated, at AGENT’s expense, to keep Brokers License current and renewed to operate as a property management company.

            F. LIABILITY OF AGENT: It is agreed that AGENT shall use reasonable and ordinary care in the selection of tenants and all other acts assigned for performance by this Agreement. When any act is required of the AGENT, it shall be done in the ordinary course of AGENT’s business.

                        1. OWNER shall save AGENT harmless from all personal injury, insurance, homeowners or business lawsuits which may arise in connection with the management of the premises, and from any liability from injuries suffered by any person entering the premises, including any resident manager or other employee.

                        2. AGENT shall not be personally liable for any act it may do or omit to do hereunder as AGENT while acting in good faith, exercising its best judgment.

3. AGENT is hereby expressly authorized, under OWNER’S behalf (see IV. GENERAL PROVISIONS:

A. GRANT OF POWER), to comply with and obey any and all process, orders, judgment or decree, it decrees from any court; where AGENT obeys or complies with any such process, order, judgment or decree, shall not be liable to OWNER or any person, firm, or corporation by reason of such compliance, not withstanding subsequent reversal or modification.

                        4. AGENT is hereby expressly required to comply with any laws, whether now in existence of hereinafter enacted, and whether federal, state, or local, relating to fair housing, rent control, discrimination, and health and welfare. AGENT is expressly authorized to comply with the rule or order of any governmental agency, insofar as such order in any manner affects the management of the premises or any duties of the AGENT hereunder.

            G. ACCOUNTING FOR FUNDS:

1. AGENT shall furnish OWNER a quarterly accounting statement showing the receipts and expenditures with respect to the premises via online web-based software or hard copy, plus OWNER’s monthly proceeds, as set forth in Paragraph III.B.

2. AGENT shall furnish a final accounting upon the termination, of this agreement within forty five (45) days from the date of verbal or written request of management termination, except as modified by IV.B.1 and J. TERMINATION. OWNER shall incur $50 final lockbox fee and or $250 accounting fee at discretion of AGENT.

            H. SECURITY AND DAMAGE DEPOSITS:

1. All security and damage deposits shall be returned to the tenant by AGENT when the tenant vacates the premises, subject to AGENT’s determination, consistent with Wisconsin law, whether the tenant has damaged the property in excess of ordinary wear and tear, with the exception of accrued interest.

2. AGENT shall properly account for sums retained for the purpose of off-setting OWNER’s expenses for unpaid rent, utilities, cleaning charges, or repairs.

3. In the event litigation shall occur concerning security deposits, AGENT shall defend same in its own name as AGENT for OWNER, at OWNER’s expense.

4. Should AGENT and OWNER disagree on the amount of security deposit AGENT intends to refund to the tenant, AGENT may forward the full amount, less ALL interest, to OWNER within thirty (30) working days of notice of dispute by means of first-class mail or ACH. AGENT shall have no further obligation or liability whatsoever concerning the security deposit to any person or entity; and OWNER shall hold AGENT harmless.

5. Should this Agreement terminate while an existing tenant’s security deposit is in AGENT’s possession, AGENT shall forward that amount in full, less interest, to OWNER no later than forty five (45) business working days after termination has ended by means of first class mail or ACH. AGENT shall have no further obligation or liability concerning the security deposit to any person or entity; OWNER shall hold AGENT harmless.

I. ADDRESS OF OWNER: OWNER agrees, within twenty (20) days of change, to advise AGENT, in writing, of any change of address. Any notice or accounting statement or other document required or desired to be given by AGENT to OWNER may be given by mailing to the address noted hereon, or the most recent address of OWNER shown in the records of the AGENT; and notice so mailed shall be as effectual as if served upon such party in person at the time of depositing such notice in the mail.

J. TERMINATION: This agreement is performance based.  Either party may terminate at any given time upon thirty (30) day’s written notice, via email, text or first class mail, of which contract ends 30 days thereafter with no further obligation(s) or liabilities what so ever from AGENT. OWNER shall then retake possession of the premises and all management responsibilities subject to the rights of any tenant rightfully in possession. OWNER’s proceeds shall be distributed by AGENT within forty-five (45) business working days after termination end date, unless outstanding AGENT or third-party obligations remain, in which case distribution shall be accomplished immediately after the last such obligation is satisfied. In the event OWNER were to forcefully regain possession and management responsibilities, either with or without notice to AGENT, verbally or written via email, phone, text or in person, prior to the thirty (30) days expiring, then management is deemed to immediately cease at that same instance with OWNER being charged a fee 25% of total ending rent roll or $250 (two hundred fifty) per unit, whichever is greatest, for the loss income due to AGENT and damages for insufficient time to transition.

K. DEFICIT ACCOUNT: In the event of termination, should there be any outstanding and unpaid obligations, debts, or charges due AGENT, any amounts on account or received by AGENT on account or otherwise due OWNER shall be applied first to satisfy those obligations and then disbursed to OWNER. OWNER waives all protest and defenses against AGENT for such lawful disbursements. AGENT’s lien rights against the subject property shall not be waived by this provision.

L. PARTIAL WAIVE OR ACQUIESCENCE NO BAR: AGENT’s waiver, forbearance, or acquiescence of any of its rights, in whole or in part, shall not serve to waive, bar, or compromise the entire agreement or any other thereof.

            M. WHOLE AGREEMENT: This writing embodies the entire agreement between the parties and is no based upon any other representation whatsoever, expressed or implied, except as herein contained. The Agreement and it’s policy’s can be modified at anytime by AGENT with a 30 day verbal or written notice.

VI. EFFECTIVE DATE: Management by AGENT shall be effective on 1st day of _Aug, 2023 and shall be effective on a month to month basis. This agreement will automatically renew monthly from the start date stated unless written notice of its non-renewal is given in accordance with IV-J above.

VII. ITEMS OF MUTUAL AGREEMENT:

            1. OWNER (X) does / (  ) does not, authorize AGENT to have the furnace/boiler/HVAC system service once each year and smoke/CO detectors checked every 3-5 years and or between unit vacancy;

            2. AGENT and OWNER agree that there are no advertising and screening fees incurred by or to Owner.

3. OWNER understands that any duty not outlined within agreement can be subject to additional fees;

            4. OWNER ( ) does / (X) does not, permit smoking inside premise;

            5. AGENT agrees to handle all calls. At no point in time will a tenant contact owner;

            6. AGENT agrees to perform background and credit checks on new tenants free of charge to owner;

            7. AGENT agrees to keep tenants informed on local ordinances when violations exist;

8. OWNER (  ) does / (X ) does not handle snow removal, lawn care. If not, tenant or third party contractor handles these tasks, not agent;

9. OWNER understands AGENT fees are for management, not for collection of tenant unpaid utilities. KT is NOT a collection agency. Additional fees apply if KT performs collection duties. Furthermore, if KT does pay a utility, insurance, tax, fine, citation, mortgage payment(s) on behalf of owner, a $7.50 per/bill pay may apply;

10. OWNER agrees repair costs are addressed on a per incident occurrence.  Emergency repairs require no owner notification or consent. Any other single one repair, maintenance, or material incident over $350, owner(s) may be notified and will be the party to give consent before proceeding unless in the event of emergency;

11. OWNER understands that AGENT does not 100% of the time act as a maintenance crew or General Contractor. Some necessary repairs or maintenance needed might require to hire the respective sub-contractor to perform the tasks at hand. Of which funds from rent roll would be used.     

SIGNING THIS AGREEMENT CREATES LEGAL AND ENFORCABLE RIGHTS and any item not listed may be subject to additional fees or charges by AGENT. Owner also agrees he/she may be subject to Broker Disclosure with KT Premier Properties and not list for sale or manage described properties herein with a third-party Broker until after contract maturity or termination date (WI State Statute requirement).

Legal Advice Disclaimer for Our Products

You understand that we offer legal contracts, policies or agreements (“Products”), as created and/or verified by attorneys or paralegals for sale through our Service. You acknowledge that We are not attorneys or paralegals nor do We offer legal advice. You acknowledge that We do not endorse any specific attorney or paralegal or any Product as being better than another. We do not otherwise guarantee the legal accuracy or applicability of any Product for your legal needs. You will at all times look to any attorney or paralegal that you select for services as to any legal claims related to such services.

You understand that it is your responsibility to ensure that the privacy policy or any other policies you create with us is complete, accurate, and meets your companies specific privacy needs.

We are not liable or responsible for any privacy policies or any other policies created using our services, and we give no representations or warranties, express or implied, that the privacy policies or any other policies created using our service are complete, accurate or free from errors or omissions.

Placing Orders for Products

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Products availability
  • Errors in the description or prices for Products
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions.

Refunds

KTrents.com and KT Premier Properties offers the following guarantee. If you purchase a Product, and for some reason you decide that you would like a refund, you have 7 days to request a refund. If you request a refund within 7 days from the date of purchase, KTrents.com and or KT Premier Properties will give you a full refund of your purchase price.

If you do not request a refund within the 7 day refund period, you forfeit this option and will not be eligible for a refund.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be misprint, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by KTrents.com or KT Premier Properties subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of KTrents.com or KT Premier Properties. In that event, You will have the right to cancel Your Order.

Payments

Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (braintree, forte, merchant e solutions, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

KTrents.com or KT Premier Properties is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including KTrents.com and KT Premier Properties and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

KTrents.com or KT Premier Properties reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. KTrents.com or KT Premier Properties further reserves the right to make formatting and edits and change the manner any Content. KTrents.com or KT Premier Properties can also limit or revoke the use of the Service if You post such objectionable Content. As KTrents.com or KT Premier Properties cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will KTrents.com or KT Premier Properties be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, KTrents.com or KT Premier Properties do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

KTrents.com or KT Premier Properties will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that KTrents.com or KT Premier Properties has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see https://ktrents.com/contact/) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email (see https://ktrents.com/contact/). Upon receipt of a notification, KTrents.com or KT Premier Properties will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of KTrents.com or KT Premier Properties and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KTrents.com or KT Premier Properties.

Your Feedback

You assign all rights, title and interest in any Feedback You provide KTrents.com or KT Premier Properties. If for any reason such assignment is ineffective, You agree to grant KTrents.com or KT Premier Properties a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by KTrents.com or KT Premier Properties.

KTrents.com or KT Premier Properties has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that KTrents.com or KT Premier Properties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your online Account immediately and you management agreement with a 30 day notice, without liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. You as the user can terminate upon the terms listed within management agreement (see J. TERMINATION:)

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of KTrents.com or KT Premier Properties and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall KTrents.com or KT Premier Properties or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if KTrents.com or KT Premier Properties or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, KTrents.com or KT Premier Properties provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither KTrents.com or KT Premier Properties nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting KTrents.com or KT Premier Properties.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: