Terms
Of Use

LAST UPDATED ON MARCH 18, 2024.

The kisergroup.com web site (the “Site”) is a service of Kiser Group Realty, Inc., an Illinois
corporation. Kiser Group and Kiser Group Realty, Inc. are collectively referred to in these
Terms of Use as “Kiser Group", “us”, “our” or “we”. These kisergroup.com Terms of Use
(“Terms of Use”) set forth the terms and conditions applicable to your access and use of
the Site.

BY ACCESSING OR USING THE SITE AND/OR REGISTERING WITH THE SITE YOU
AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE
(WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE
SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS
OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY
WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE
CONTAINED IN SECTIONS 6 AND 8 BELOW.
WE MAY REVISE THESE TERMS OF USE AT ANYTIME, WITHOUT NOTICE. WHEN WE
DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE
TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE
CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE
CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT LINK
LOCATED AT THE BOTTOM OF OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR
USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES
YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.

1. General Use and Restrictions.

1.1 Use of Site. Subject to the provisions contained in these Terms of Use including,
without limitation, Section 1.4 below, you may access and use the Site solely to view
information about the products and services offered by Kiser Group (including, without
limitation, information about the properties listed on the Site) for your own internal
purposes. You agree not to access or use the Site for any other purpose including, without
limitation, any purpose that is prohibited by these Terms of Use or that is otherwise
unlawful. You further agree to comply with all applicable U.S. and international laws,
statutes, ordinances, regulations, contracts and applicable licenses regarding your use of
the Site. We may, in our sole discretion, terminate or suspend your access to, and/or use
of, the Site, or any portion thereof, at any time, with or without notice and for any reason
(or no reason), and you agree that (a) if your authorization to access the Site is
terminated, you will not thereafter access, or attempt to access, the Site, directly or
indirectly, and (b) if your authorization to access the Site is suspended, you will not
thereafter access, or attempt to access, the Site, directly or indirectly, until your
suspension is removed and we give you express written notice thereof.

1.2 Information Provided. If you provide any information to us, you agree to provide only
true, accurate, current and complete information. You further agree to update all such
information promptly after any change and that you will not provide any information to the
Site that (a) may infringe a copyright or trademark, or any other intellectual property right,
(b) may violate the privacy rights of another, or (c) may violate any applicable municipal,
state or federal law, rule, regulation or ordinance, in each instance when used as
contemplated by the Site.

1.3 Use of Content. You may print a single copy of any price, property listing, conditions,
photos, projections, webcasts, assumptions, estimates, and/or other information displayed
or transmitted on the Site (collectively, “Content”) that you are authorized to access;
provided that you (a) do not remove any notices or other information contained on such
Content, and (b) strictly comply with the provisions of these Terms of Use including,
without limitation, Section 1.4 below.

1.4 Restrictions. Other than printing a single copy of particular Content, as provided in
Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify,
create derivative works, distribute, perform or display any Content or any copy thereof
without first receiving our express written permission. Further, any reports or other content
which is expressly attributed to “Kiser Group” shall be used for internal purposes only and
shall not be republished or redistributed. You further agree not to, without first obtaining
our express written permission, (a) use any of our trademarks as metatags on other web
sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or
its availability or usage by others, (c) display any part of the Site in frames (or any
Content via frames or in-line links), and/or (d) use or access, or attempt to use or access,
any portion of the Site for which registration is required unless you are a Registered User
(as defined in Section 3 below) with authorization to access that portion of the Site. You
further agree not to decompile, reverse engineer or disassemble any software or other
products or processes accessible through the Site, and not to insert any code or product
or manipulate the Site in any way that affects the user’s experience including, without
limitation, taking any action that imposes, or may impose, an unreasonable or
disproportionately large load on the Site. You further agree not to use any data mining,
web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or
extraction method in connection with your use of the Site except for customary search
engines used in accordance with automated instructions directed to search engines and
available on the Site.
2. No Offer of Employment. The Site does not constitute an offer or promise of employment with Kiser
Group with respect to any employment position described on the Site. Without notice, Kiser Group may
eliminate, modify or change any aspects of any employment described on the Site. The Site does not
provide binding offers of employment or any terms or conditions of employment. Any offer of employment
that may ensue as a result of your submission of information to Kiser Group shall be solely in accordance
with the specific terms of such offer of employment, not the terms of the Site.
3. Registration. Certain portions of the Site may be accessible only to users that register
to use those portions of the Site (“Registered Users”). If you register to use the Site, you
will choose, or be issued, a username and password and, once you have a username and
password, you will be considered a Registered User and issued an account to use the
Site. However, we may terminate your status as a Registered User for any reason (or no
reason) with or without notice to you, and you agree not to access the Site at any time
after we give you notice of such termination. You may not authorize any third party to
access and/or use your username, password or account on your behalf. Accordingly, you
agree to protect your username and password by, among other things, keeping your
username and password confidential. You agree to notify us immediately of any
unauthorized use of your username, password or account. If, notwithstanding the
foregoing obligation, you allow another party to use your account, you will be responsible
for all use by the party using your account.

4. Links to External Sites. We may provide hyperlinks to other web sites and Internet
resources operated by parties other than Kiser Group. Kiser Group is not responsible for
the content of any linked web site or Internet resource or for the privacy settings, data
collection practices or legal disclaimers contained within such linked sites. Such
hyperlinks are provided for your reference and convenience only. The inclusion of
hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of
the material on such web sites or with their operators.
5. Intellectual Property. Except for Content that is in the public domain, the Site and all
Content, as well as the selection and arrangement of the Content, is owned by (or
licensed to) Kiser Group and is protected by copyright, trade dress, trademark, unfair
competition, and/or other laws and may not be used, copied or imitated in whole or in part
except as expressly provided in Section 1.3 above. Kiser Group, kisergroup.com and all
related logos are either trademarks or registered trademarks of Kiser Group or its
licensors, and, except as expressly provided in Section 1.3 above, may not be copied,
imitated or used, in whole or in part, without our prior written permission. In addition, all
page headers, custom graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of Kiser Group or its licensors and may not be copied, imitated, or
used, in whole or in part, without our prior written permission, except as expressly
provided in Section 1.3 above. Except as otherwise expressly provided in these Terms of
Use, all rights in and to the Site and Content are expressly reserved by Kiser Group. Any
unauthorized use of the Content may violate applicable laws including without limitation
copyright and trademark laws and applicable communications regulations and statutes.
Nothing in these Terms of Use shall be construed as conferring any license to intellectual
property rights.
6. No Warranties. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE
AT YOUR SOLE DISCRETION AND RISK. KISER GROUP, ITS SUPPLIERS AND
AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT
LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY,
COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS AND AFFILIATES
KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT
AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE
(INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN
RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some
jurisdictions do not allow implied warranties to be excluded or modified, so not all of the
above limitations may apply to you. We assume no liability or responsibility for any errors
or omissions in respect of the Site including, without limitation, any errors or omissions
with respect to any Content. Further, we do not represent or warrant that any aspect of the
Site will work properly or will be continuously available.

7. Indemnification. You hereby agree to indemnify, defend and hold harmless Kiser Group
and its affiliates, officers, directors, employees, shareholders, information providers,
suppliers and licensees (collectively, "Indemnified Parties") from and against any and all
losses, liabilities, claims, demands, damages costs and expenses, including, without
limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection
with any claim arising out of (a) your access and/or use of the Site including, without
limitation, any Content, (b) any breach of any of these Terms of Use by you or, if
applicable, any user of your account, and/or (c) any allegation which, if true, would
constitute a breach of any of these Terms of Use by you or, if applicable, any user of your
Account.
8. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL
KISER GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY
NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR
INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE
SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS
OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE
TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE
OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A)
AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE AND EVEN IF KISER GROUP AND/OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, KISER
GROUP’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR
PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT)
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE SHALL BE LIMITED TO $5.00. SOME JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT
APPLY TO YOU.
9. Release. In the event that you have a dispute with any person or entity arising from
your use of the Site, you release Kiser Group (and its officers, directors, agents, affiliates,
suppliers and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such dispute. If you are a
California resident, you waive California Civil Code §1542, which states: "A general
release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor." Whether or not you are a California resident, you
waive and relinquish all rights and benefits under any legal principle with the similar effect
of California Civil Code §1542 in any jurisdiction with respect to the release granted above
in this Section 8.
10. Modifications to the Site. For the avoidance of doubt, we may modify, suspend,
discontinue and/or restrict the use of all or any portion of the Site including, without
limitation, the availability of any Content contained on the Site at any time for any reason
(or for no reason) and without notice or liability.
11. Privacy. Information we collect on the Site from you is subject to our Privacy Policy.
You consent to the collection and use of such information as set forth in our Privacy
Policy.

12. Governing Law and Jurisdiction. The Site is hosted on servers located in the United
States and is intended to be viewed by residents of the United States. These Terms of
Use, and all matters arising out of or relating to the Site, shall be governed by the laws of
the United States and the state of Illinois, without giving effect to the conflict of law
provisions thereof and excluding any application of the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is expressly
excluded. Additionally, the Uniform Computer Information Transaction Act shall not apply
to these Terms of Use or the Site. In the event you desire to initiate any suit against Kiser
Group arising out of or relating to the Site and/or these Terms of Use, you agree to bring
such suit in the federal courts sitting in the District of Illinois, USA unless no federal
subject matter jurisdiction exists, in which case you agree to bring such suit in the state
courts sitting in Illinois, USA. You further agree that we may initiate a suit against you
arising out of or relating to the Site and/or these Terms of Use in such courts and you
hereby waive all rights you may have or which may hereafter arise to contest jurisdiction
or venue in such courts.
13. Miscellaneous. These Terms of Use and any other terms and conditions that may
appear on the Site from time-to-time (including, without limitation, additional
representations that we may ask you to make when submitting information to the Site)
contain the full understanding with respect to your use and access of the Site and
supersede all prior agreements, terms, conditions and understandings, both written and
oral, with respect to such use and access of the Site. You may not transfer any rights or
obligations you may have to your account or under these Terms of Use without our prior
written consent. We may transfer our rights under these Terms of Use without your
consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the
invalid or unenforceable portion shall be modified in accordance with the applicable law as
nearly as possible to reflect the original intention of the applicable provision, and the
remainder of these Terms of Use shall remain in full force and effect. A printed version of
these Terms of Use and of any notices given to you in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to these Terms of Use to
the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. The failure of Kiser Group to
insist upon or enforce strict performance by you of any provision of these Terms of Use
shall not be construed as a waiver of any provision or right. None of our rights or remedies
conferred by these Terms of Use are exclusive of any other right or remedy conferred
herein or by law or in equity; rather, all of such rights and remedies are cumulative of
every other such right or remedy and may be exercised concurrently or separately from
time-to-time. If we bring any suit against you to enforce these Terms of Use or otherwise
in connection with your use and/or access of the Site, you agree that if we prevail in such
suit we shall be entitled to recover all costs and expenses incurred in such suit including
reasonable attorneys’ fees. Use of the Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms of Use. We may provide notice to you
relating to the Site and/or these Terms of Use by any reasonable means including, without
limitation, sending an e-mail to your last known e-mail address, and any such e-mail
notice shall be deemed given and received on the day it is sent. You agree that any cause
of action that you may desire to bring arising out of or related to these Terms of Use
and/or the Site must commence within one (1) year after the cause