Terms, Conditions and Notices
KIRKLESTER.COM is an interactive online service (Service) operated by Atlas Real Estate. KIRKLESTER.COM offers users information services and content provided by Atlas Real Estate and many other sources including real estate agents not associated with Atlas Real Estate.
Agreement Between User and KIRKLESTER.COM
In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the rules contained herein. By using KIRKLESTER.COM, you hereby agree to be bound by all of the following terms and conditions (Terms of Service or TOS).
Copyright Notice and Limitations on Use
Copyright and other intellectual property laws protect all of the information and content within this Service. The content is owned or licensed by Atlas Real Estate, affiliated real estate brokers and REALTOR® Associations of which Atlas Real Estate is a member. The content is intended for personal use only. While you may interact with or download a single copy of any portion of the content for your personal, non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, re-post or otherwise use any portion of the content in any other way or for any other purpose without the written consent of Atlas Real Estate. All contents of this Web site are Copyright © 2023 Atlas Real Estate and/or its suppliers, including Online Connexions, Inc. All rights reserved. You acknowledge that the content includes certain trademarks and service marks owned by Atlas Real Estate and its affiliated entities and certain logos, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the content. If you operate a Web site and wish to link to the Service, you must link to the Service's home page. Atlas Real Estate reserves the right to reject or terminate any links to the content or the Service. Text, photos, medias, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. You will not hold Atlas Real Estate or Online Connexions, Inc. liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from the foregoing. Given the nature of the Service and the volume of messages and postings, Atlas Real Estate and Online Connexions, Inc. cannot and does not monitor all of the material posted or transmitted by users and third party information providers. While you agree that the Service will not be liable for such third party content, Atlas Real Estate and Online Connexions, Inc. reserves the right to delete, move or edit any communications which they deem in their sole discretion to be: violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of Atlas Real Estate or Online Connexions, Inc. or any third party's rights; or otherwise unacceptable.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER
Atlas Real Estate NOR ONLINE CONNEXIONS, INC., NOR ANY OF ITS EMPLOYEES, OWNERS, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN ,AS IS BASIS AND Atlas Real Estate AND ONLINE CONNEXIONS, INC. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
Atlas Real Estate AND ONLINE CONNEXIONS, INC., ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF Atlas Real Estate OR ONLINE CONNEXIONS, INC., ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Programming on the Site
Please note that all programming, including without limitation all HTML code and other programming and scripting contained in this Web site, is owned by Atlas Real Estate and Online Connexions, Inc. and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the programming is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PROGRAMMING TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the programming, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
KIRKLESTER.COM includes links to other Web sites not established or supervised by KIRKLESTER.COM. We choose to link to sites that will presumable provide you with a better understanding of a certain topic, therefore we're not responsible for the accuracy, security, content comprehension, or any perpetual modifications of the linked sites. These linked sites are at no means affirmed endorsements by KIRKLESTER.COM or its direct affiliates.
KIRKLESTER.COM reserves the right at their discretion to change these Terms of Service. These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Genesee County, Michigan, within one year after the cause of action arises or the cause is barred.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.