Terms and Conditions of use

Your use of the services and tools located on or provided through Kol-chay.com, the Kolchay applications for smart phones (the “Apps”), or through any employees or representatives of the Companies (collectively, the “Services”) is subject to these terms and conditions (these “Terms and Conditions” or this “Agreement”). By accessing the Websites, using the Apps or any of the Services, You, the end user (hereinafter “You” or “User”) hereby agree to the following Terms and Conditions contained in this Agreement.

Kolchay may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Website and Your use of the Website or Services is conditioned upon Your acceptance of the latest version of this Agreement accessible on the Website at the time of Your use.

PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION (SECTION 10). PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 10 AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

General Provisions:

1. PERMISSIBLE USE OF THE SERVICES
   1. PERMISSIBLE USERS. In order to use the Services of the Websites, You acknowledge that you are: 1) at least the age of majority in the state, province, or territory where you live to use the Services, and 2) a resident of the United States or Canada. If you are under 13 years old, do not use the Services.
   2. NO RIGHT TO REPRODUCE. Except as expressly stated herein, this Agreement does not provide You a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
   3. NO COPYING, DISTRIBUTING OR CREATING DERIVATIVE WORKS. You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
   4. NO OWNERSHIP CLAIMS. You will not assert ownership rights of any kind in any data that you view or obtain through the Services.
2. SUBMISSION AND ADMINISTRATION OF SERVICES
   1. WEBSITE DATA. You understand and agree that all information provided on the Website are estimations, and only to be used as such. This Website Data is based on limited information, and You agree to only use such data as an estimation for all purposes. Individual financial and personal circumstances vary, and as such, by access the Website and the Services, You acknowledge that all products and services, including fees, regulations, and rates may be different from those listed on the Website.
   2. CONTENT. You may submit personal information, documents, photographs, images, videos, graphics, virtual tours or other supported media or copy and other information to the Companies (collectively, the “Content”) for each transaction You create using the Services. The Companies may also hire third party vendors to produce Content for Your Services.
   3. PROFESSIONAL ADVICE. You understand and acknowledge that the Companies are not providing professional advice regarding the physical or legal condition of any property. The Companies are also not trained or licensed in tax matters pertaining to the sale or purchase of any property. The Companies advise You to not rely on any agents of the company for a determination regarding the physical or legal condition of the property. The Companies strongly recommend that in connection with any of the Services provided by the Companies, You retain the appropriate professional services for certain advice. The Companies provide You with advice solely pertaining to the Services.
   4. OWNERSHIP. You retain any applicable ownership rights that You may have with respect to the Content You Submit, provided, however that You grant the Companies, and any of their affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Content (in whole or part), whether submitted in the past or in the future, and to incorporate such Content into other works in any form, media, or technology now known or later developed. Any and all Content created by the Companies or their affiliates, will be owned by the Companies, provided the exceptions in the following service specific sections of these Terms and Conditions.
   5. USE AND OWNERSHIP OF TRANSACTION DATA. You agree that any data submitted or processed through the Services will be captured, stored and will become the sole property of the Companies. You hereby grant the Companies an irrevocable license and right to use, reproduce, resell, and otherwise profit from, in any manner now known or later developed, such transaction data captured through the Services. The foregoing notwithstanding, the Companies will not publish, use or resell any personally identifying information.
   6. UPDATED INFORMATION AND CONTACT DETAILS. You agree to maintain accurate contact information (specifically, but not limited to, a valid phone number and email address) in order to submit and maintain active Services through the Website. You may not use robot, spider or other automated services to submit Content to the Website.
   7. USER REPRESENTATIONS. You (a) represent and warrant that all information You provide, including submitted Content, will be accurate; and (b) agree to maintain the accuracy of all required information and Content at all times. You agree to indemnify and defend the Companies for any liability arising out of incorrect or falsely advertised content. All Content is the sole responsibility of the User providing the same, and all Users agree that the Companies bear no responsibility for the accuracy, legality or completeness thereof.
   8. PROTECTION OF CONTENT AND INFORMATION. The Companies will make reasonable efforts to backup data and maintain Content submitted or displayed on the Website, but You will be solely responsible for retaining back-up copies of all information, photographs and other materials submitted to the Companies. The Companies may add digital watermarks to certain Content that You submit; the Companies adds these digital watermarks to protect against the copying or further distribution of Your Content without Your permission.
3. USER REGISTRATION AND COMMUNICATION
   1. REGISTRATION AND LOGIN. The Companies require that each registered user to maintain a valid email address and a password, which shall be utilized for access to the Services. You may not share Your individual login information with others. In order to use the Services, You agree that any other individual, group or entity required to sign documents with you (“Co-signer”) will also maintain a different valid email address and a password. You agree to provide a valid email address for a Co-signer if asked by the Companies, that is different from the email provided by You at registration. The Companies have the right to refuse service to any individual, group or entity that refuses to abide by these Terms and Conditions.
   2. EMAIL AND TEXT PERMISSIONS.

Kolchay permission to communicate with You via email for any purposes Kolchay determines to be relevant including, but not limited to, your transaction(s) with Kolchay, system messages, product updates, service announcements and other marketing messages. You also hereby acknowledge and grant Kolchay permission to communicate with You via text messaging (“SMS”) for any purposes Kolchay determines to be relevant including, but not limited to, your transaction(s) with Kolchay, system messages, product updates, service announcements and other marketing messages. You represent that You are the account holder of the mobile telephone line associated with your registration, or that You have the account holder’s permission to receive communications from Kolchay. You consent to receive text messages from Kolchay.

1. You can cancel the SMS service at any time. Just reply "STOP" to stop receiving SMS service from Kolchay. After you send the SMS message "STOP", Kolchay will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from Kolchay. If You want to join again, just sign up as You did the first time and Kolchay will start sending SMS messages to You again.
2. If You are experiencing issues with the messaging program You can reply with the keyword HELP for more assistance, or You can get help directly at support@Kol-chay.com.
3. Carriers are not liable for delayed or undelivered messages.
4. As always, message and data rates may apply for any messages sent to You from Kolchay and to Kolchay from You. The frequency of text messages will vary depending on your transactions with Kolchay. If You have any questions about your text plan or data plan, it is best to contact your wireless provider as Kolchay has no liability for any charges related to your text and/or data plans.
5. If you have any questions regarding privacy, please read our privacy policy: https://www.kol-chay.com/privacy-policy.
3. SHARING OF COMMUNICATION INFORMATION. The Companies will not sell your email address, phone number or other contact information to third parties. However, the Companies may transfer such information to third parties when you request information or services from such third parties through the Website or the Services. You expressly give the Companies permission to provide its third-party service provider partners all contact and Property information you provide the Companies following your positive indication of interest in information, goods or services provided by such third party. You give your expressed consent, by using the Services, that the Companies may share your email address, phone number or other contact information between the Companies.
4. COMMUNICATIONS DISCLAIMERS. The Companies will have no liability for sending any email or text message to its registered users, regardless of content. You acknowledge and agree that the Companies may record telephone and other electronic communications it has with You for internal business purposes, including but not limited to training and quality assurance purposes.
5. PASSWORDS. You are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under Your account, login or password. The Companies are not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your account, login information or password.
6. BONA FIDE USE AND PENALTIES. You may only use the Website, Apps and Services for bona fide purposes. You may not submit false information, fake or inauthentic tour requests, offers or inquiries, or use the Website to disparage the Companies, or, in connection with producing inauthentic reviews, posts or other negative and public-facing content, regardless of where posted. You may not impersonate other people or use fake, newly created or duplicate (Facebook or Gmail accounts) or other inauthentic accounts or credentials to access the Website, Apps or Services. You may not create more than one account with the Companies and Your account may only reflect Your accurate and authentic identity information. You may not advertise Properties that You do not own or manage, or Properties that do not exist. You may not use the Apps, Website or Services to test or investigate the Companies, the Website or the Services. You agree that any use of the Website, Apps or Services in a way that is prohibited by this Agreement would result in real damages to the Companies, the monetary value of which would be difficult to calculate.. Any other provisions of these Terms & Conditions notwithstanding, the Companies are not required to arbitrate any claims seeking liquidated damages for violations of the requirements set forth in this Section 3(f), and You may not require or seek arbitration relating to such claims.
7. GOOD FAITH. Kolchay introduces programs and promotions for the Services in good faith and expects the same good faith in return. You agree and acknowledge that Kolchay may, in its sole discretion, withhold awards, promotions, prizes, or anything of monetary value related to such programs and promotions where Kolchay believes customers are acting in bad faith or otherwise acting contrary to the intent of this program. Kolchay cannot cover every nefarious scenario, nor does Kolchay attempt to cover all scenarios, but Kolchay promises to be fair and reasonable.

4. USE OF INFORMATION
   1. DISCLAIMERS. You agree to treat all information obtained from the Services, including, but not limited to, historical transaction information, analytical market data, quoted rates, loan information, title reports (collectively, the “Reports”), and any information otherwise made available through the Services as the Companies’ sole property, or the sole property of third party providers, as applicable, and You may not resell or otherwise use such Reports other than pursuant to the terms of this Agreement. You agree to maintain as confidential and a trade secret of the Companies all information provided to You through the Services. The Companies do not guarantee the accuracy of, endorse or recommend any information, including the Reports, provided through the Services and You agree to use such information at Your own risk. The Reports and other similar information, tutorials, and advice provided through the Services ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY OR THROUGH THE COMPANIES, YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL.
   2. LIMITATIONS. You may only use the Reports and other information provided by the Companies for personal and internal use, and may not use any such information or Reports for further distribution, publication, public display, or preparation of derivative works, or to facilitate any of these activities in any way. You may not use the Services to compete with the Companies in any way. You may not copy the Companies’ products, services or information; decompile, decode or reverse engineer the Companies’ software; or use the Companies’ products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory fraudulent or other illegal purposes, and You agree to indemnify and defend the Companies if you use or attempt to use the Companies’ products, services or the Website in any such manner.
5. UNSOLICITED COMMERCIAL EMAIL (SPAM).The Services may not be used to generate or send unsolicited commercial email (spam) or unsolicited calls or texts. You agree to send email, call and text only to those who have given You consent, or with whom You have an established business relationship. The Companies may revoke Your ability to send email through the Services if You violate these terms.
6. OWNERSHIP AND LICENSE GRANT
   1. OWNERSHIP. The Companies retain all rights including intellectual property rights, title and interest in the Website, Apps, other technology of the Companies, email databases and all underlying technology and data, including any enhancements and improvements thereto as a result of providing the Services hereunder. You may not, and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the Companies’ technology or delete or alter author attributes or copyright notices. You are permitted to use the Services solely for Your own use and may not allow others to use the Services through Your login ID/email and password. You may not use the Website or Services on behalf of any other person or in a service bureau capacity.
   2. LICENSE TO USE CONTENT. For all Content You post or otherwise provide to the Companies in connection with the Services, You: i) grant the Companies a perpetual, irrevocable, unlimited, non-exclusive, royalty-free, worldwide license to (a) use, copy, distribute, display, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Content, in connection with the Services or in any other media, and (b) sublicense these rights, and ii) waive all moral rights in and to all Content You post or otherwise provide to the Companies, all to the maximum extent permitted by applicable law. The Companies will not pay You for Your Content or to exercise any rights related to Your Content set forth in the preceding sentence. For all Content, You agree to provide accurate and complete information and represent that you have all rights necessary to grant the Companies the rights in this paragraph, that the Companies use of the Content will not infringe any third-party rights and that the Content complies with these Terms and Conditions. Without limiting the foregoing, you agree that the Companies may promote and market Your Content. You are solely responsible for all Content made through Your account on the Services or that You otherwise make available through the Services.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
   1. LIMITATION OF LIABILITY. THE COMPANIES ARE NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY ANY USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SERVICES. Your exclusive remedy, and the Companies’ entire liability under this Agreement shall be a refund of fees paid to the Companies hereunder. In no event will the Companies’ liability for any reason exceed the amount of fees You have actually paid to the Companies. If you have not paid the Companies any fees, the Companies’ maximum liability for any loss or liability of any kind or nature, regardless of the theory of liability, will not exceed the total of the fees to be collected by the Companies at the end of the Services. The Companies (and their officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Your use of the Apps, Website or Services.
   2. INDEMNIFICATION. You agree to indemnify the Companies (and their officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than You arising from Your use or application of the Website, App or Services. Further You agree not to bring suit, file a complaint or cooperate in any action claiming the Companies acted on Your behalf, represented You in connection with any activity related to real estate, mortgage services, settlement services or closing services, or conducted any other activity that would be in violation of applicable real estate laws or regulations.
8. WARRANTY DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANIES DO NOT REPRESENT OR WARRANT THE ACCURACY, OPERATION, EFFECTIVENESS, CURRENCY, OR VIABILITY OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. WITH RESPECT TO CONTENT, THE COMPANIES DO NOT VERIFY, AND DISCLAIM ALL WARRANTIES AS TO ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. THE COMPANIES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS. THE COMPANIES DO NOT WARRANT THE SERVICES OR GUARANTEE ANY RESULTS. THE WEBSITES AND SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE OR LOSS CAUSED BY THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANIES, THEIR EMPLOYEES OR THEIR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
9. LINKS TO THIRD PARTY SITES. The Websites and Apps may contain hyperlinks to other websites operated by parties other than the Companies. Such sites are beyond the Companies’ control. Third parties may provide services or sell product lines on the Websites or through the Apps that take You outside of the Services. The Companies do not control, are not responsible for examining or evaluating, and do not warrant the offerings of any third party. The Companies do not assume any liability for the actions, products, and content of these and any other third parties. The Companies make no representations and are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites.
10. GOVERNING LAW; ARBITRATION

THIS SECTION 10 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IS VOID WHERE PROHIBITED BY LAW.

1. INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim arising between You and the Companies (each a "Claim" and collectively "Claims"), You and the Companies agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, with an email copy to the email address You have provided to the Companies. Notice of the Claim must follow terms of Section 13 below. If necessary to preserve a Claim under any applicable statute of limitations, You or the Companies may initiate arbitration while engaging in the informal negotiations.
2. ARBITRATION. This Agreement—except as provided in Section 3(f)—and the Services provided by the Companies, shall be governed by the laws of Qatar, without reference to conflict of laws principles.

11. ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign, sublicense or otherwise transfer this Agreement or the rights hereunder without the prior written consent from Kolchay Technology Inc.
12. WAIVER, SEVERABILITY AND SURVIVAL. The failure of the Companies to exercise or enforce a legal right or remedy contained in this Agreement does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of this Agreement is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees to continue to abide by such provision and that the remaining terms and provisions will remain in full force and effect. The following sections of this Agreement will survive the Termination of the Agreement and Your discontinuance of use of the Websites and Services
13. NOTICES. All notices to Kolchay must be in writing and must be sent via registered mail, certified mail, or overnight mail with a return receipt requested to Chief Legal Officer at Kolchay Technology Inc.
14. AFFILIATED BUSINESSES. You acknowledge and understand the Companies have affiliated businesses that may be part of Your transaction, either that You choose to use or the other party in Your transaction chooses to use. You further acknowledge that You are not obligated to use any of the Companies’ affiliated businesses for any part of Your transaction and You understand that you may use any unaffiliated business. You agree that you will hold the Companies, and any affiliated business, harmless for all reasons, as agreed to above in Section 7 and 8.
15. COUNTERPARTS AND FACSIMILES. You agree that any electronic transmission of a signed copy of transaction data shall be the same as delivery of an original. You further agree that any transaction may be in counterparts, each of which is deemed an original, but all of which together constitute one and the same agreement. These documents may be delivered by facsimile transmission, and facsimile copies of executed signature pages shall be binding as originals.
16. ENTIRE AGREEMENT. This Agreement, with the relevant specific provisions for Services used, constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. No representative of the Companies may make oral modifications or amendments to this Agreement. Only written modifications signed by an executive of Kolchay. will be valid.

Real Estate Provisions

Notwithstanding the aforementioned Terms and Conditions, the following sections—section 17 to section 26—apply in addition to the specific Services provided by Kolchay:

17. LIMITED AGENCY OR REPRESENTATION. By using the Services on the Website You are entering into a buyer/seller broker agreement with Kolchay. You will be required to sign either a Listing Agreement and Agency Disclosure (the “Listing Agreement) or a Buyer Broker Agreement (the “Buyer Agreement”). You further agree that, if both You and the other party involved in the same real estate transaction are Kolchay customers, Kolchay may provide services to both parties involved in the transaction. A limited agent must remain neutral in the representation of a seller and buyer, and may not disclose to either party information likely to weaken the bargaining position of the other. Material facts concerning a defect in the property or a client’s ability to perform on the contract do not fall within the scope of such confidentiality. You understand, by using the Website and the Services, that you are using Kolchay, but that you may terminate this relationship upon written notice to Kolchay. You agree that Kolchay is not liable for unknown material facts about the property and that unknown material facts cannot, under any circumstances, be disclosed by Kolchay. You further agree that You waive the right to, in the event that both buyer and seller are Kolchay customers, undivided loyalty, absolute confidentiality, and full disclosure from Kolchay or the Services provided by Kolchay. You further agree that Kolchay has no liability to You or any third party in connection with the purchase or sale of Your parcel of residential real estate (Your “Property”). Kolchay provides software tools for home buyers and sellers that desire to buy or sell residential real estate. You understand and agree that all Services are intended to simplify the home buying or selling process, but that the Services do not and cannot offer advice, direction, or definitive answers to questions that You may encounter during the home buying or home selling process. All information, data, statistics, comparable sales, home value reports, tips, tricks and responses to frequently asked questions are provided for information purposes only and do not constitute advice or direction for Your transaction. Only You can decide, and You are fully responsible for, how such materials and information are used.  Kolchay employs licensed real estate agents that may assist in real estate transactions. Such agents may also provide drafting suggestions, explanations of typical outcomes, suggested process actions and digital signature capabilities in connection with your use of the Services. Nevertheless, you alone are responsible for all actions taken and all contracts transmitted in connection with the purchase or sale of your home. You alone are responsible for reading and understanding your Purchase Contract and the transaction and process outlined therein. If you do not understand any portion of the contract, the process or transaction, you must reach out to Kolchay for clarification. You understand and agree that Kolchay is not negotiating, generating, drafting or completing any contracts or transactions on Your behalf. Kolchay cannot and does not make any decisions for You and it is Your responsibility to verify all contract drafts and actions that You take are accurate and in Your best interest before signing any contracts or completing any transactions. You agree that all forms, purchase agreements, disclosure statements, and other documents transmitted by or through the Services, even if prepared using any of the Services, are drafted by you, and by signing any such documents, you expressly acknowledge and agree that you alone are responsible for the content thereof. You are solely responsible for complying with the terms and conditions contained in any such contract, including meeting any deadlines, and You alone are responsible for the consequences of any breach or nonperformance under any such contracts. By physically or electronically signing any such documents produced or transmitted through the Services, You expressly represent and warrant that You have read and that You understood all provisions contained therein. Further, by signing any documents produced or transmitted by or through the Services, You expressly release Kolchay from any liability (i) in connection with the content, legality and enforceability of such documents, (ii) related to the subject matter thereof, or, (iii) arising out of the transactions contemplated therein. Before executing any document by or through the Services, Kolchay recommends that You contact an independent real estate attorney to answer any legal or contract related questions. Kolchay expressly disclaims any liability for, and You further agree to indemnify Kolchay in connection with, any dispute arising out of or related to Your use of the Services and the content of, and Your compliance or non-compliance with, any contract produced or transmitted by or through the Services. In order to use any buyer services provided by Kolchay, You agree and understand that you must sign a buyer-broker agreement. Without signing buyer-broker agreement, Kolchay cannot assist You with purchasing a property. In order to use any seller services provided by Kolchay, You agree and understand that you must sign a listing agreement. Without signing a listing agreement, Kolchay cannot assist You with the sale of Your property. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by Kolchay or the MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.
18. PROFESSIONAL ADVICE. User understands and acknowledges that Kolchay is not trained or licensed to provide professional advice regarding the physical or legal condition of any property. Kolchay is also not trained or licensed in tax matters pertaining with the sale or purchase of any property. Kolchay advises buyers and sellers to not rely on any agents of the company for a determination regarding the physical or legal condition of the property. Kolchay strongly recommends that in connection with any offer to acquire any property or contract to sell any property, User retain the appropriate professional services for certain advice.
19. CONTENT. In addition to the aforementioned provisions, You represent and warrant that (i) You own or have the legal power to advertise the subject Property for sale, (ii) You own or have the full right, power and authority to grant Kolchay the right to use and display all such Content (iii) Your license of such Content to Kolchay hereunder does not, and the use or license of such Content by Kolchay to third parties will not, infringe any right or interest owned or possessed by any third party; and (iv) You are not subject to any claims, settlements, judgments, or pending claims or litigation, relating to such Content.
20. USE OF CONTENT. Kolchay may preserve, use and disclose any submitted Content in its sole discretion (including without limitation within other products offered by Kolchay and its affiliates). You may not submit any Content unless You have all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner to publish such Content on the Website. Kolchay, in its sole discretion, may terminate the accounts of, and refuse service to, any User that violates this Agreement. Additionally, you agree to allow submitted property advertisements and Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Services and other Kolchay partners or affiliate websites. Kolchay has the sole authority to choose the manner in which any property advertisement will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website or in other advertisements. Kolchay has the right to modify Your property advertisement without notice in the exercise of its rights under this Agreement. You agree and authorize Kolchay to make any changes to such Content for any Fair Housing Act violations. The Fair Housing Act provides that it is illegal to advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.
21. OWNERSHIP. Notwithstanding Section 2(d) of these Terms and Conditions, Kolchay grants You a one-year license to use any photographs, floor plans, virtual tours, or other Kolchay-created Content for any Property You list.
22. USE AND OWENRSHIP OF TRANSACTION DATA. The foregoing notwithstanding, Kolchay specifically reserves the right to retain, publish, use and sell all property details (such as square footage, number of bedrooms, including address, together with listing and sale prices) associated with Your Property.
23. Kolchay BUYER REFUND. Estimated Kolchay Buyer Refund amount not guaranteed. Kolchay Buyer Refund amount may vary according to purchase price, prevailing market conditions, and other factors. Lender approval is required for commission refunds. In some circumstances buyer’s lender may not allow buyer to receive a refund and Kolchay cannot guarantee that all lenders will allow 100% distribution of the Kolchay Buyer Refund—as a result, Kolchay strongly recommends that buyers discuss with their lenders, in advance, the anticipated receipt of the Kolchay Buyer Refund.
24. RESPONSIBILITY FOR PROTECTION OF PROPERTY AND SELF. Kolchay provides communication tools that allow Users to interact with each other and schedule in-person tours of Properties advertised on Kolchay.
25. PAYMENT TERMS
    1. PAYMENT TERMS. You agree to pay for all Services ordered through the Website, Apps or third-party websites (partners, advertisers, etc.) using the payment method indicated, and provide Kolchay express authorization to charge said fees to You through the payment provider connected to such payment method at the time of purchase. You agree to pay any attorney fees, court costs, or other costs incurred in collection of delinquent amounts. If payment is not current, Kolchay may immediately cease to provide any and all paid Services and remove any and all advertisements You have posted. The fees charged do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services. At Kolchay's option, User is required to pay such taxes or fees directly or pay to Kolchay any such taxes or fees immediately upon receiving an invoice from Kolchay. Kolchay is required to collect sales tax on purchases in select states. All setup fees are due and payable in advance of posting Your Property advertisement. The settlement fee, as defined in the buyer-broker agreement or listing agreement, is due and payable upon closing. If such contract falls through, the settlement fee shall not be charged.
    2. CANCELLATION. You may cancel Your advertisement in accordance with Your signed listing agreement. If there has been no activity or response from You regarding an advertised Property for a period of more than Six months, Kolchay reserves the right to remove such Property advertisement in its sole discretion. It is Your sole responsibility to cancel Your advertisement when your transaction is complete, and You agree to alert Kolchay after your transaction is complete. Kolchay will remove any Property advertisements for accounts where timely payment has not been made or has been revoked. Kolchay may also cancel its Services with you in its sole discretion, though may provide a refund if you do not agree to the cancellation of the Services. If Kolchay cancels its Services with you, Kolchay will automatically remove all advertisements for the Property.
    3. BILLING ISSUES. You must notify Kolchay about any billing problems or discrepancies within 90 days after charges first appear on Your account statement. You agree to waive Your right to dispute any problems or charges if not brought to Kolchay’s attention within 90 days of the occurrence of such problems or charges.

Mortgage Provisions:

Notwithstanding the aforementioned Terms and Conditions, the following sections—section 27 to section 32—apply in addition to the specific Services provided by Kolchay Loans:

26. WEBSITE DATA. You understand and agree that all monthly payment amounts, APRs, fees, rates, points, and loan origination data provided on the Website are estimations, and only to be used as such. This Website Data is based on limited information, and You agree to only use such data as an estimation for all purposes. You agree that once a loan application has been submitted, you will hold Kolchay Loans, and any Kolchay Loans affiliates, harmless for damages from monthly payment amounts, APRs, fees, rates, points, and loan origination data related to your application that differs from those listed on the Website. You also acknowledge and understand that these estimates do not include monthly mortgage insurance premiums, property taxes, and homeowner’s insurance. Individual financial and personal circumstances vary, and as such, by access the Website and the Services, You acknowledge that all products and services, including fees, regulations, and rates may be different from those listed on the Website.
27. USE OF CONTENT.  You may not submit any Content unless You have all necessary rights and authorizations. Kolchay has the sole authority to choose the manner in which any content will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website or in other advertisements.
28. PROTECTION OF PERSONAL INFORMATION. Kolchay will make reasonable efforts to backup data and maintain Content submitted or displayed on the Website, but You will be solely responsible for retaining back-up copies of all information, loan documents and other materials submitted to Kolchay.
29. PAYMENT TERMS
    1. PAYMENT TERMS. You understand and agree that payment for Services shall be paid at closing.
    2. CANCELLATION. You may cancel your application at any time by contacting Kolchay at info@kol-chay.com If there has been no activity or response from You regarding an application for a period of more than 30 Days, Kolchay reserves the right to remove such application in its sole discretion. Kolchay will remove any applications where timely payment has not been made or has been revoked.
    3. BILLING ISSUES. You must notify Kolchay about any billing problems or discrepancies within 90 days after charges first appear on Your account statement. You agree to waive Your right to dispute any problems or charges if not brought to Kolchays’ attention within 90 days of the occurrence of such problems or charges.

33. WEBSITE DATA. You understand and agree that all rates and fees data provided on the Website are estimations, and only to be used as such. This Website Data is based on limited information, and You agree to only use such data as an estimation for all purposes. You agree that once You have received any rates and fees from Kolchay Title, you will hold Kolchay, and any Kolchay affiliates, harmless for damages from fees and rates data related to Your Services that differs from those listed on the Website. You also acknowledge and understand that these estimates and Website Data may not include all fees required by Kolchay. Individual financial and personal circumstances vary, and as such, by access the Website and the Services, You acknowledge that all products and services, including fees, regulations, and rates may be different from those listed on the Website.
34. USE OF CONTENT. Kolchay may preserve, use and disclose any submitted content in its sole discretion (including without limitation within other products offered by Kolchay Title and its affiliates). You may not submit any Content unless You have all necessary rights and authorizations, including personal data from a co-signer. Kolchay, in its sole discretion, may terminate the accounts of, and refuse service to, any User that violates this Agreement. Additionally, you agree to allow submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Services and other Kolchay partners or affiliate websites. Kolchay has the sole authority to choose the manner in which any content will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website or in other advertisements.
35. PROTECTION OF PERSONAL INFORMATION. Kolchay will make reasonable efforts to backup data and maintain Content submitted or displayed on the Website, but You will be solely responsible for retaining back-up copies of all information, title documents and other materials submitted to Kolchay.
36. PAYMENT TERMS
    1. PAYMENT TERMS. You understand and agree that payment for Services shall be paid at closing. You agree that Kolchay may disclose, in accordance with the State Law. You agree to hold Kolchay, and any of its affiliates or third-party partners, harmless for any damages that may arise from your reliance on any estimates given to you by Kolchay Title or affiliated companies. Furthermore, you agree that You will not disseminate any information about your title services, regardless of where and how this information disseminated. You agree to keep the information, quotes, and disclosures of your title services confidential between You and Kolchay. Only with written consent from Kolchay can You share with external parties the contents of your title services and rates. You agree that Kolchay shall be paid for all Services ordered through the Website, Apps or third-party websites (partners, advertisers, etc.) at the time of closing, and provide Kolchay Title express authorization to be compensated at the time of closing. You agree to pay any attorney fees, court costs, or other costs incurred in collection of delinquent amounts.
    2. CANCELLATION. You may cancel Your application at any time by contacting Kolchay at support@kol-chay.com. If there has been no activity or response from You regarding title services for a period of more than 30 Days, Kolchay reserves the right to remove such application in its sole discretion. Kolchay will remove any applications where timely payment has not been made or has been revoked.
    3. BILLING ISSUES. You must notify Kolchay about any billing problems or discrepancies within 90 days after charges first appear on Your account statement. You agree to waive Your right to dispute any problems or charges if not brought to Kolchay's attention within 90 days of the occurrence of such problems or charges.