TERMS OF USE - Jason Mitchell Real Estate

JASON MITCHELL GROUP

TERMS OF USE

Effective Date: September 16, 2025

Welcome to Jason Mitchell Group

These Terms of Use (“Terms“) govern your access to and use of the Jason Mitchell Group website located at https://thejasonmitchellgroup.com (“Website“) and the services provided thereon (“Services“). Jason Mitchell Group (“JMG,” “we,” “us,” or “our“) provides access to real estate-related content, resources, and referrals through this Website. By using our Website or Services, you agree to these Terms and our Privacy Policy. If you do not agree, please refrain from accessing or using our Website or Services.

Modifications to Terms: JMG reserves the right to update or modify these Terms at any time in its sole discretion. Changes will be effective upon posting. Continued use of the Website after changes constitutes acceptance of the revised Terms.
Eligibility: The Website is intended for users located in the United States who are at least 18 years old and have the legal capacity to enter into binding agreements. By accessing the Services, you represent and warrant that you meet these requirements.
Services Overview: JMG provides real estate referral and brokerage services through a network of licensed real estate professionals across the United States. While JMG connects users with agents, brokerage services are performed solely by local licensed agents affiliated with or independently contracted through JMG.
User Accounts and Security: To access certain Services, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and agree not to share them. You accept full responsibility for all activities under your account.

JMG uses commercially reasonable efforts to protect user data. However, no system is completely secure. You acknowledge and accept this risk. Notify us immediately of any unauthorized use or suspected breach.

THESE TERMS OF SERVICE INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 28 FOR MORE INFORMATION.

Acceptance of Terms of Use

Effective Date: September 16, 2025

These terms of use are entered into by and between you and Jason Mitchell Group, LLC (“JMG,” “we,” “us,” or “our“). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms of Use”), govern your access to and use of our website, available at (the “Website”), including any content, features, or services offered through the Website (collectively, the “Services”), whether you access the Website as a guest or a registered user.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Please read these Terms of Use carefully before using the Services. By downloading, accessing, and/or using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which can be found at and is incorporated in these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with JMG and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Eligibility

Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Service is compliant with all laws, rules, and regulations applicable to you, including the California Consumer Privacy Act (CCPA) if you are a California resident. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.

Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.

Registration

Account. To utilize certain Services, you will be required to register for an account (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not select or use as a username a name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account either directly or through a request made to us.

License Grant

License. Subject to these Terms of Service, we grant each user of the Services a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and access, download, and display locally, all Content therein for your personal, non-commercial purposes. Any reproduction, modification, distribution, storage, or other use of the Services, or any Content therein for any other purpose, is expressly prohibited without prior written permission from us. You shall not sell, license, rent, share, publish, or otherwise use or exploit any Content outside the Services for commercial use, in connection with the provision of services to a third party, or in any way that violates any third-party right.

Notwithstanding the foregoing, we grant JMG Agents certain commercial rights to access and use the Services JMG provides, pursuant to their respective Independent Contractor Agreement (ICA) and other related agreements and/or policies between Agents and JMG.

Without limiting the foregoing, no non-JMG real estate broker, salesperson, agent, or similar state licensed real estate professional may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.

Availability of Content. We do not guarantee that any Content will be made available through the Services. We reserve the right, but not the obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any Content from the Services.

Change of Terms of Use

JMG reserves the right to revise, update, or otherwise modify these Terms of Use at any time, in its sole discretion. Any such modifications shall become effective immediately upon being posted to the Website or Services and shall govern all access to and use of the Services from that point forward. Your continued use of the Services following the posting of any modifications constitutes your binding acceptance of the revised Terms. Notwithstanding the foregoing, any amendments to the dispute resolution provisions contained in the “Governing Law and Dispute Resolution” section shall not apply to any disputes for which the parties received actual notice prior to the effective date of such amendments.

Equal Housing Opportunity

JMG is committed to compliance with all applicable federal, state, and local fair housing laws. In accordance with the letter and spirit of U.S. policy, we support and promote equal housing opportunity for all individuals throughout the United States. We affirmatively implement advertising and marketing practices that do not discriminate on the basis of race, color, religion, sex, disability, familial status, national origin, or any other classification protected by law. Barriers to housing access or availability on any such basis are strictly prohibited.

Access to Services, Account Registration, and Security

JMG reserves the right, in its sole discretion and without prior notice, to withdraw, modify, suspend, or discontinue any aspect of the Services, including any service, feature, or material made available through the Website. JMG shall not be liable for any loss or inconvenience arising from the unavailability of the Services, in whole or in part, at any time or for any duration. Access to certain portions of the Services may be restricted periodically, including to registered users.

You are solely responsible for:

Making all necessary arrangements to access the Services; and
Ensuring that all individuals who access the Services through your internet connection are aware of and comply with these Terms of Use.

Access to certain features or resources of the Services may require registration and the creation of a user account, which may include the provision of personal information and the selection or assignment of a username, password, or other security credentials. As a condition of use, you agree to provide information that is accurate, current, and complete, and to promptly update such information as necessary to maintain its accuracy. All information provided is governed by the JMG Privacy Policy, and you hereby consent to the collection, use, and disclosure of such information in accordance with the Privacy Policy.

To enhance your protection, JMG maintains commercially reasonable security protocols, including industry-standard encryption, firewalls, and security audits, to safeguard account access and credentials. You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree not to share your username, password, or any other security information with any other individual or entity, and you acknowledge that your account is personal to you. You further agree to notify JMG immediately of any actual or suspected unauthorized use of your credentials or any other breach of security. You are also responsible for properly exiting your account at the conclusion of each session and for exercising caution when accessing your account from a public or shared device.

JMG reserves the right to disable or revoke any username, password, or other account identifier at any time, in its sole discretion, including without limitation if it determines that you have violated any provision of these Terms of Use or compromised the security or integrity of the Services.

You may cancel your membership and user account at any time by submitting a written notice via email to with the subject line “Membership Termination Request.” JMG likewise reserves the right, in its sole discretion and without notice, to suspend, limit, or terminate access to any features of the Services, including registered accounts, at any time and for any reason.

You acknowledge and agree that you may be held liable for any losses or damages incurred by JMG or any third party as a result of your failure to maintain the confidentiality and integrity of your account credentials or your unauthorized use of another user’s account. JMG expressly disclaims all liability for losses or damages arising from your failure to comply with these responsibilities.

For added protection, we recommend that you use strong, unique passwords and enable any additional security features we may make available (such as multifactor authentication).

User Acknowledgements and Representation (Buyer/Seller)

By completing your registration with thejasonmitchellgroup.com as a prospective home buyer or seller (“User”), you acknowledge and agree to the following terms and conditions:

Legal Capacity: You affirm that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement.
S.-Based Transactions: You are seeking to engage in a real estate transaction involving property located within the United States.
Transaction Documentation and Updates: You authorize JMG to request, obtain, copy, and review real estate transactions and/or settlement documents related to your transaction. You further agree to respond in a timely manner to any reasonable inquiries from JMG regarding your interactions with real estate agents introduced through the JMG network.
Independent Due Diligence: You acknowledge that JMG does not endorse, warrant, or guarantee the qualifications, licensing status, or performance of any real estate agent introduced through its platform. You are solely responsible for conducting appropriate due diligence, including independently verifying the licensing and background of any agent through publicly available governmental or regulatory sources.
No Exclusive Representation: You represent and warrant that you do not currently have an exclusive agreement or contractual relationship with any real estate agent or broker at the time of registration.
Non-Licensee Representation: You affirm that you are not currently licensed as a real estate agent or broker.
Consent to Communications: You consent to receive communications from JMG via email or other methods, as described in the Privacy Policy. You further consent to be contacted by third-party providers offering services related to your real estate transaction, including where such contact arises from a request you submitted through JMG.
Non-Binding Proposals: If you are a seller, you acknowledge that any proposals submitted by real estate agents through the JMG platform are non-binding and do not create a contractual or agency relationship between you and the agent. You are under no obligation to accept any such proposal.
Referral Authorization: Where required by the specific JMG service you engage, you expressly authorize JMG to share your information with its network of affiliated real estate agents in accordance with the terms applicable to that service.
Agent Endorsements: Any customer reviews or endorsements submitted by real estate agents through the JMG platform are the sole responsibility of the agents. JMG makes no representations and disclaims any liability regarding the accuracy, veracity, or reliability of such endorsements. You are solely responsible for evaluating the content and determining whether such endorsements reflect the actual quality of services the agent may provide.

User Acknowledgement and Representation (Real Estate Agent)

Registration and General Representations: JMG offers services designed specifically for licensed real estate agents. To access these services, agents must accurately complete the required registration. By registering, you represent and warrant that:
1. You are of legal age and have the legal capacity to enter into binding agreements;
2. You are registering as an individual, not on behalf of a company or association (unless explicitly authorized);
3. You have obtained all necessary internal or broker approvals to participate in the JMG platform; and
4. You have complied—and will continue to comply—with all applicable licensing and regulatory requirements in the jurisdictions in which you offer services.

You acknowledge that JMG does not independently verify the licensing status, credentials, or regulatory standing of real estate agents registered on the platform. You are solely responsible for ensuring your licensing and compliance remain in good standing with applicable regulatory authorities.

Your registration and continued use of JMG services constitute your acceptance of these Terms of Use.

Referral Fee and Broker Authorization: By submitting proposals or accepting referrals through JMG, you agree to pay the referral fee in accordance with the terms of the JMG Referral Agreement. If your supervising broker declines to pay the applicable fee, you remain personally responsible for the full amount, including any collection-related costs.

If you are a real estate salesperson, associate broker, or other licensee subject to broker oversight, you affirm that you have obtained and will maintain your supervising broker’s authorization for participation in the JMG service and payment of any applicable referral fees.

JMG affirmatively discloses that it does not receive compensation from mortgage lenders contingent upon the quantity or quality of referrals, except as expressly permitted under the Real Estate Settlement Procedures Act (RESPA) and its implementing regulations. All promotional incentives provided through the JMG platform are expressly designed and administered to ensure compliance with all applicable federal and state laws, including, without limitation, RESPA, and the California Consumer Privacy Act (CCPA), where applicable.

Profile Information and Accuracy: You agree to ensure that all information submitted through your JMG profile, proposals, endorsements, bids, or related interactions is accurate, complete, and current. You are solely responsible for updating this information promptly to maintain its accuracy.
Communications and Contact Authorization: You consent to be contacted by JMG, its affiliates, and applicable third parties by email, phone, or text message in connection with the services you have requested or as otherwise permitted by law.
Agent Conduct and Use Restrictions: As a participating agent, you agree to the following:
1. Timely Follow-Up: You will make commercially reasonable efforts to follow up on all referrals received through the platform. You will respond within eight (8) hours or notify JMG of any inability to meet this standard. Failure to meet this obligation may result in reassignment of the referral at JMG’s sole discretion.
2. Non-Distribution: You will not redistribute, resell, or refer JMG-generated leads to any third party without prior written authorization.
3. No Collusion: You will not use JMG services to access or share commission rates, pricing, or other competitive terms offered by other agents for the purpose of price fixing or any anticompetitive conduct.
4. Referral Expectations: You understand that not all referrals will convert into transactions and that additional engagement and follow-up may be necessary. Referrals may include consumers actively using other real estate platforms or services, including repeat users of JMG.
Content Usage and Intellectual Property: You grant JMG the right to use your profile information—including photographs, endorsements, and marketing content—for promotional purposes on the JMG platform and affiliated websites. If you utilize JMG’s photography services, you acknowledge and agree that all resulting images are the intellectual property of JMG, created as “works made for hire.”
1. You may:
  1. Temporarily store materials from the platform in your device’s RAM for standard browsing purposes;
  2. Cache files via your browser for display enhancement;

Download or print one (1) copy of a reasonable number of website [or mobile app] pages for personal, non-commercial use;

Download a single authorized version of any mobile or desktop application;
Use integrated social media features in accordance with their intended purpose.

You may not:
1. Modify, reproduce, or distribute any platform materials;
2. Separate or use media content (e.g., illustrations, graphics, photographs, images, video or audio sequences) independently of accompanying text;

Remove copyright, trademark, or other proprietary rights notices from any materials on this site;

Access or use the platform for any commercial purpose not expressly authorized.

If you wish to use platform materials beyond the scope set forth above, please submit your request with the subject line “Material License Inquiry” to: techteam@jasonmitchellgroup.com.

Termination and Rights Reserved: If you print, download, or otherwise use or provide any other person access to any part of the Services in breach of the Terms of Use, your right to use and access the platform may be terminated immediately, and you may be required to destroy or return any downloaded or printed materials. No rights, interests, or title are transferred to you. All rights not expressly granted herein are reserved by JMG. Unauthorized use of the platform or its contents may violate applicable laws, including copyright, trademark, and other laws.

JMG reserves the right, in its sole discretion, to suspend, disable, or permanently terminate your access to the Services (including registered accounts) at any time and without notice, including but not limited to circumstances where

You have submitted false, misleading, or incomplete registration information;
You engage in fraudulent or deceptive conduct in connection with your use of the Services;
You violate these Terms of Use, the Privacy Policy, or any other JMG policies or agreements;
You fail to pay any fees, commissions, or referral payments due to JMG or its affiliates;
You redistribute, resell, or otherwise misuse leads or content generated by JMG without express authorization;
You engage in conduct that, in JMG’s sole judgment, harms its reputation, operations, or business relationships.

These examples are non-exhaustive and do not limit JMG’s right to terminate access for any reason permitted by law or as otherwise specified in these Terms.

Prohibited Uses

You may use the JMG platform and related services (“Services”) only for lawful purposes and in compliance with these Terms of Use. You agree not to use the Services:

To violate any applicable federal, state, local, or international law or regulation, including export control laws and data protection regulations, such as the California Consumer Privacy Act (CCPA);
To engage in any fraudulent, malicious, harmful, or deceptive conduct;
To attempt to gain unauthorized access to any part of the Services, including user accounts, systems, networks, or data;
To interfere with or disrupt the operation or security of the Services or any systems or networks connected to the Services;
To impersonate JMG, its employees, other users, or any third party;
To exploit or harm minors, including by exposing them to inappropriate content or requesting personal information;
To send unsolicited or unauthorized advertising or promotional material, including spam, junk mail, chain letters, or similar solicitations;
To upload or distribute viruses, malware, or other malicious code intended to damage or disrupt the Services or users’ devices or data;
To use any automated tools, such as bots, scrapers, spiders, or crawlers, to access or interact with the Services without our prior written consent;
To reproduce, mirror, or frame any part of the Services without authorization;
To circumvent or attempt to bypass any security measures implemented by JMG;
To infringe upon the intellectual property, proprietary, privacy, or publicity rights of JMG or any third party;
To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Services;
To interfere with another user’s experience or restrict others from using or enjoying the Services.

JMG reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to the Services at any time and for any reason. This includes, but is not limited to, the removal or disabling of any content, conduct, or communication that JMG determines to be unlawful, harmful, disruptive, or in violation of these Terms of Use or applicable law. Such actions may be taken if your activity:

Compromises the security, integrity, or functionality of the Services;
Exposes JMG or its users to legal risk or liability; or
Negatively affects the reputation, operations, or interests of JMG, its users, its brand, or any third party.

Interactive Services and User Contributions

The Services provided by JMG may include interactive features such as forums, message boards, chat rooms, user profiles, personal web pages, or other platforms that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) to other users or to third parties (collectively, “Interactive Services”). Unless otherwise stated, JMG does not endorse the accuracy, reliability, or validity of any advice, opinion, statement, or information shared by users via the Interactive Services.

All User Contributions must comply with the Content Standards set forth in these Terms of Use.

Any User Contribution you post through the Services will be considered non-confidential and non-proprietary and may become publicly accessible. You should avoid including any personal or sensitive information in your submissions that you do not wish to be seen, copied, or used by others. By posting a User Contribution, you grant JMG, its affiliates, service providers, and their respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, disclose, display, transmit, distribute, adapt, translate, reformat, and create derivative works from your User Contribution. This license includes the right to use your name, likeness, voice, image, and any other personal identifiers included in the submission, in any media now known or hereafter developed, for any commercial or non-commercial purpose, without compensation to you.

You further authorize other users of the Services to access, display, store, and reproduce your User Contributions for personal use only, as posted by JMG.

JMG reserves the right, but has no obligation, to publish or remove any User Contribution at its sole discretion and may identify you as the submitting party if such content is posted.

By submitting a User Contribution, you represent and warrant that:

You own or have all necessary rights and permissions to grant the license above;
Your submission is accurate, complete, and up to date;
Your User Contribution does not infringe upon or violate any intellectual property rights, privacy rights, publicity rights, or contractual obligations of any third party;
Your User Contribution complies with all applicable laws, regulations, and rules, including fair housing and advertising standards;
Your User Contribution complies fully with these Terms of Use.

If your User Contribution includes a review or testimonial, you affirm that it accurately reflects your genuine opinions and personal experience with JMG and its Services and that you are providing it voluntarily and without coercion.

You are solely responsible for the legality, accuracy, and appropriateness of your User Contributions. JMG disclaims all liability for the content, truthfulness, or consequences of any User Contributions made by you or any other user of the Services.

Monitoring, Enforcement, and Termination of User Contributions

JMG reserves the right, at its sole discretion, to:

Remove or decline to post any User Contribution for any reason or no reason at all.
Take any action we deem necessary or appropriate regarding any User Contribution, including when we believe the contribution violates these Terms of Use (including the Content Standards), infringes on the rights of others (such as intellectual property or privacy rights), threatens the safety of users or the public, or may expose JMG or others to liability.
Disclose your identity or other relevant information to any third party who claims that the content you posted violates their rights, including intellectual property or privacy rights.
Pursue any appropriate legal action in response to unauthorized or unlawful use of the Services, including referring matters to law enforcement authorities.
Suspend or terminate your access to all or part of the Services, at any time and for any reason, including but not limited to any violation of these Terms of Use or submission of false, misleading, or incomplete information.

Additionally, JMG reserves the right to fully cooperate with any law enforcement agency, regulatory authority, or court order requesting or directing the disclosure of a user’s identity or other related information of anyone posting material on or through the Services. YOU AGREE TO WAIVE AND HOLD HARMLESS JMG, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, AN INVESTIGATION BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. While we reserve these rights, JMG does not undertake to monitor and review all content submitted by users before it is posted. We cannot guarantee the prompt removal of objectionable material once it has been made available on the Services. Therefore, we assume no responsibility or liability for any content submitted by users or third parties or for our decision to take—or not take—any specific action in response to such content.

Content Standards

These Content Standards (“Standards”) govern all User Contributions and all activity conducted through the Interactive Services offered via the JMG platform at thejasonmitchellgroup.com (the “Services”). These Standards are intended to ensure compliance with applicable laws and to protect the integrity of the platform, its users, and the JMG brand.

All User Contributions must be lawful, accurate, complete, and in full compliance with all applicable federal, state, local, and international laws, statutes, regulations, and ordinances, including but not limited to those relating to consumer protection, privacy, advertising, intellectual property, and online conduct.

Without limitation, User Contributions shall not, and you agree that you will not post or submit content that does any of the following:

False or Offensive Content: Contains or promotes material that is knowingly or intentionally false, defamatory, libelous, obscene, indecent, vulgar, abusive, offensive, threatening, harassing, violent, inflammatory, or otherwise objectionable or inappropriate in any way.
Sexually Explicit or Discriminatory Material: Contains or promotes sexually explicit content, pornography, or material that incites, glorifies, or condones violence, or promotes discrimination or hatred based on race, ethnicity, gender, sex, religion, national origin, disability, sexual orientation, gender identity, or age.
Intellectual Property Infringement: Infringes, misappropriates, or violates any intellectual property rights, including, without limitation, copyrights, trademarks, service marks, trade secrets, patents, or any proprietary or moral rights of any third party.
Violation of Privacy or Publicity Rights: Violates the legal rights of others, including rights of publicity or privacy, or contains personal or private information about any person without their consent.
Unlawful or Deceptive Conduct: Is unlawful, fraudulent, misleading, or likely to deceive, or that advocates, promotes, facilitates, or assists in any illegal or prohibited conduct.
Harmful or Disruptive Content: Causes or is likely to cause unwarranted distress, emotional harm, embarrassment, alarm, or nuisance to any other person, or interferes with the normal use of the Services.
Impersonation or Misrepresentation: Impersonates any person, entity, or organization, including but not limited to JMG personnel, or misrepresents your affiliation with any person or entity.
Unauthorized Commercial Activity: Involves any unauthorized commercial activities, including but not limited to advertising, promotional materials, spam, chain letters, pyramid schemes, contests, sweepstakes, bartering, or other solicitations.
False Attribution or Endorsement: Creates or implies a false impression that any content is endorsed by, originates from, or is otherwise associated with JMG or any third party, unless such attribution is accurate and authorized.

JMG expressly reserves the right to remove, restrict, or take other remedial action with respect to any User Contribution that violates these Content Standards, as determined in its sole and absolute discretion. Violations of these Standards may result in the suspension or termination of user access, legal enforcement action, and/or reporting to relevant authorities.

Intellectual Property

All content made available through this Website—including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, images, trademarks, service marks, logos, audio clips, music, artwork, text, videos, software, and computer code, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof (collectively, the “Content”)—is the exclusive property of JMG or its licensors, and is protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights.

Except as expressly authorized under these Terms, you may not copy, reproduce, modify, republish, upload, post, publicly display, encode, translate, transmit, mirror, distribute, or otherwise exploit any portion of the Website or the Content, in any form or by any means, for any commercial purpose or public distribution, without the prior express written consent of JMG.

You acknowledge and agree that all rights, title, and interest in and to the Content shall remain exclusively with JMG or its respective licensors. Nothing in these Terms shall be construed as granting you any license or other right, by implication, estoppel, or otherwise, in or to any Content, except as expressly permitted herein. Any goodwill derived from your use of the Content shall inure solely to the benefit of JMG and/or its licensors.

You further agree not to authorize, permit, or enable any third party to access or use the Content, except as expressly permitted by JMG in a separate written agreement. Unauthorized use of any Content may constitute a violation of applicable laws and may subject you to civil and/or criminal penalties.

Copyright Infringement Policy

JMG respects the intellectual property rights of others and is committed to responding promptly to claims of copyright infringement in compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that any material available on or through the Services at thejasonmitchellgroup.com infringes upon your copyright, you may submit a notification of alleged infringement (“DMCA Notice”) to our designated agent, as outlined below.

To be valid under the DMCA, your written DMCA Notice must include the following:

Your physical or electronic signature;
A clear identification of the copyrighted work you believe has been infringed (for multiple works, a representative list is acceptable);
A specific identification of the allegedly infringing material and its location on our Services, including the URL or other relevant information sufficient to allow us to locate the material;
Your contact information, including full name, mailing address, telephone number, and email address (if available);
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
The following statement, made under penalty of perjury: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”

Submit Your DMCA Notice To:

JMG – Copyright Agent

ATTN: Legal Compliance

3080 N. Civic Center Plaza #100

Scottsdale, AZ 85251

Email: techteam@jasonmitchellgroup.com and copy legal@thejasonmtichellgroup.com

Please note that if your DMCA Notice fails to comply with all of the legal requirements of Section 512(c)(3) of the DMCA, it may not be effective.

Knowingly submitting a false or materially misleading claim of copyright infringement may subject you to liability under Section 512(f) of the DMCA, including for damages, court costs, and attorneys’ fees.

It is JMG’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who are repeat infringers.

For more information, review JMG’s DMCA policy at https://thejasonmitchellgroup.com/dmca-copyright-infringement-policy/.

Reliance on Information Posted

The information made available through the Services, including but not limited to any content displayed on or accessible via thejasonmitchellgroup.com, is provided solely for general informational purposes and is not intended as, nor should it be construed as legal, financial, real estate, or other professional advice. JMG makes no representations or warranties, express or implied, as to the accuracy, completeness, reliability, or utility of such information. Any reliance you place on such content is strictly at your own risk, and JMG expressly disclaims all liability for any loss or damage arising from such reliance by you or any other user or by any third party to whom such content may be disclosed.

The Services may contain content generated or supplied by third parties, including, without limitation, other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. All statements, opinions, responses, articles, and other materials expressed or made available by such third parties reflect solely the views and responsibilities of the originating authors or sources and do not necessarily reflect the views of JMG. JMG assumes no responsibility for and disclaims all liability with respect to the accuracy, completeness, or appropriateness of any third-party content, including any content posted by other users of the Services.

Changes to Services

JMG reserves the right, in its sole discretion and without prior notice, to modify, revise, supplement, suspend, or discontinue any aspect of the Services, including the content, features, functionality, or availability thereof, at any time. While we may periodically update the materials and information presented through the Services, we make no representation or warranty that such content is accurate, current, or complete. Any portion of the Services may be outdated at any given time, and JMG expressly disclaims any obligation to update or maintain the accuracy or timeliness of such content.

Privacy

Your access to and use of this Website is subject to the JMG Privacy Policy, which is expressly incorporated into these Terms of Use by reference. The Privacy Policy explains how JMG collects, uses, discloses, and safeguards personal information submitted through the Website, and is designed to comply with applicable U.S. federal and state privacy and data protection laws, including, where applicable, the California Consumer Privacy Act of 2018, as amended (“CCPA”), and the Gramm-Leach-Bliley Act (“GLBA”). You may review the Privacy Policy in full at: https://thejasonmitchellgroup.com/privacy-policy/.

By using the Website, you expressly acknowledge and agree that Internet-based communications, including transmissions of data and information to or from the Website, may not be entirely secure or private. Although JMG employs commercially reasonable administrative, technical, and organizational safeguards designed to protect your personal information to protect your personal information against unauthorized access, disclosure, alteration, or destruction, you understand and accept that any communication or data transmitted via the Internet—whether or not encrypted—may be subject to interception, access, or modification by unauthorized third parties. JMG makes no express or implied representation, guarantee, or warranty regarding the security or confidentiality of any information transmitted through the Website.

You further acknowledge that any data, message, or information you send to or through the Website—including via web forms or email—may be accessed, intercepted, or altered by unauthorized third parties, even where encryption is employed. Your continued use of the Website signifies your informed consent to the data practices described in the Privacy Policy, including any modifications posted by JMG from time to time.

Information About You and Your Visits to the Services

All information collected by JMG in connection with your access to and use of the Services is governed by our Privacy Policy. By accessing or using the Services, you acknowledge and agree that JMG may collect, use, disclose, and otherwise process your information in accordance with the terms of the Privacy Policy, which is incorporated herein by reference. Your continued use of the Services constitutes your express consent to all actions taken by JMG with respect to your information, as permitted by and in compliance with the Privacy Policy and applicable law.

Third-Party Links

The Website may contain hyperlinks or references to websites, applications, or resources operated by third parties (collectively, “Linked Websites”). These Linked Websites are provided solely for your convenience and informational purposes. JMG does not control, monitor, or maintain any Linked Websites and is not responsible for the content, accuracy, availability, privacy practices, or security of any information or materials provided or collected through such Linked Websites.

The inclusion of any link does not constitute or imply an endorsement, sponsorship, or recommendation by JMG of the third party, the Linked Website, or any content, products, advertising, services, or information presented therein. JMG expressly disclaims any responsibility or liability for any damages, losses, or claims arising out of or relating to your use of or reliance on any third-party content, services, or websites. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

It is your responsibility to review the applicable terms of use and privacy policies of any Linked Website before engaging in any transaction or disclosing any personal information. Your interactions with Linked Websites are undertaken at your own risk, and you acknowledge and agree that JMG shall not be liable for any such interactions or their consequences.

The Website and its content are provided “as is” without warranties of any kind, either express or implied. JMG does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website is free of viruses or other harmful components.

Use of Third-Party Services

You acknowledge and agree that any real estate agents, brokers, service providers, or other third parties who appear on, are listed through, or are referred to you via the Services are independent contractors and are not employees, agents, or representatives of JMG. JMG does not supervise, direct, or control the services provided by such third parties and disclaims any responsibility or liability for their acts, omissions, representations, or conduct. Your engagement with any third party is solely between you and that party, and JMG shall not be liable for any claims, damages, losses, or disputes arising out of or related to such engagement.

Linking the Services and Social Media Features

You may establish a hyperlink to the homepage of the Services located at https://thejasonmitchellgroup.com, provided that you conduct such linking in a manner that is fair, lawful, and does not damage or improperly benefit from the reputation or goodwill of JMG. Under no circumstances may such a link be construed as implying any affiliation, sponsorship, approval, or endorsement by JMG without the prior express written consent of JMG, which may be granted or withheld in our sole discretion and may be communicated via email or other electronic means.

The Services may include certain social media functionalities that enable you to:

Link to specific content available on the Services from your own website or from a third-party website that you are authorized to control;
Transmit communications, including email messages, that incorporate or link to specific content available on the Services; and/or
Display limited excerpts of content from the Services on your own or on a third-party website that you are authorized to control.

You may use these social media features solely as they are provided by JMG, and only in connection with the content with which such features are intended to be used. Use of such features must be in strict compliance with these Terms of Use and any additional terms and conditions we may establish with respect to such features.

Except as expressly permitted above, you shall not:

Establish a link to the Services from any website that is not owned or lawfully controlled by you;
Cause any portion of the Services to be displayed, or appear to be displayed, on any other website through means such as framing, deep linking, in-line linking, or any similar method;
Link to any page of the Services other than the homepage at https://thejasonmitchellgroup.com; or
Otherwise, use or interact with content on the Services in any manner inconsistent with these Terms of Use or applicable law.

Any website from which you link to the Services or on which you make content from the Services accessible must, in all respects, comply with the Content Standards set forth in these Terms of Use.

You agree to cooperate fully with JMG in ceasing any unauthorized linking or framing activities upon request. We reserve the right, in our sole discretion and without prior notice, to revoke linking permissions and/or disable any or all social media features or links at any time.

Messaging Policy

JMG offers an SMS messaging service to communicate with users regarding account notifications, service alerts, and promotional content. Enrollment in the SMS service is entirely optional.

By opting in—either through online registration or account settings—you expressly consent to receive text messages from or on behalf of JMG at the mobile number provided. Your opt-in constitutes a written agreement under the Telephone Consumer Protection Act (TCPA).

Standard message and data rates may apply, depending on your mobile carrier and plan. JMG does not impose any separate fee for sending or receiving SMS messages. You are solely responsible for any charges assessed by your wireless carrier.

Supported carriers include, but are not limited to, AT&T, T-Mobile, Verizon Wireless, and other major providers. Neither JMG nor any participating wireless carrier shall be liable for delayed, undelivered, or misdirected messages.

You may cancel your participation in the SMS messaging service at any time by replying “STOP” to the sender or by emailing techteam@jasonmitchellgroup.com with the subject line “SMS Opt-Out Request.” Following your request, you will receive a one-time confirmation message, after which you will no longer receive messages from us. For assistance or additional information, you may email techteam@jasonmitchellgroup.com.

You may also manage your messaging preferences through your JMG account settings or during the registration process by checking or unchecking the SMS consent box.

For questions or technical support, contact JMG at (833) 471-3337 or email techteam@jasonmitchellgroup.com.

By subscribing, you acknowledge and agree to these SMS terms and confirm that your consent is not a condition of any purchase. You further agree to keep your mobile contact information accurate and up to date.

These terms may be modified at any time, subject to applicable law.

Use of Google Analytics and Google Maps

The Services utilize Google Analytics, a web analytics tool provided by Google LLC (“Google”), to better understand user interactions with our platform. Google Analytics employs cookies—text files placed on your device—to collect and analyze data regarding your use of the Services, including, but not limited to, your IP address. This information is transmitted to and stored by Google on servers located in the United States.

Google processes this data for purposes that include evaluating user activity on the Services, compiling statistical reports for JMG, and delivering other services related to website traffic and internet usage. Google may also disclose this information to third parties where required by law or where such third parties process the data on Google’s behalf. Google does not associate your IP address with other data maintained by Google.

You may control the use of cookies by adjusting your browser settings; however, disabling cookies may limit the functionality or performance of certain features of the Services. By continuing to access or use the Services, you acknowledge and consent to the processing of your data by Google as described herein and in accordance with its applicable policies.

Additionally, the Services incorporate features powered by Google Maps. Your access to and use of such mapping functionality is governed by Google’s applicable terms of service, privacy policy, and legal notices. We encourage you to review Google’s Privacy Policy, Legal Notices, and Terms of Service to understand your rights and obligations when interacting with those features.

Geographic Restrictions

The owner of the Services is a corporation organized under the laws of the State of Arizona and based in Arizona in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Services’ content is accessible or appropriate outside of the United States. Access to the Services may not be legal for certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

No Fiduciary Duty. Unless we have signed a state-mandated written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

Which users gain access to the Services;
What Content you access via the Services; or
How you may interpret or use the Content.

No Responsibility. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe, or legal. All Content and information are subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footage are approximate and may not be relied upon by you. All information should be confirmed by you.

NO WARRANTIES; DISCLAIMERS. THE SERVICES AND CONTENT, INCLUDING THAT FROM AGENTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

We make no representations or warranties concerning any Content contained in or accessed through the Services, including that from agents, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services or for any actions you may take as a result of having been exposed to the Services. If any sample or other contracts are provided or otherwise obtained through the Services, we do not warrant that such terms will sufficiently cover the relationship you seek to develop by entering into such terms, nor do we represent, warrant, or guarantee that such terms are legal, binding, adequate, complete or in any way appropriate for your intended purposes. It is your responsibility to consult with independent legal counsel prior to entering into any contract or agreement with a third party.

THIRD PARTY CONTENT AND TRANSACTIONS. We make no representations or warranties concerning any Content contained in or accessed through the Services, including that from agents, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services or for any actions you may take as a result of having been exposed to the Services. If any sample or other contracts are provided or otherwise obtained through the Services, we do not warrant that such terms will sufficiently cover the relationship you seek to develop by entering into such terms, nor do we represent, warrant, or guarantee that such terms are legal, binding, adequate, complete or in any way appropriate for your intended purposes. It is your responsibility to consult with independent legal counsel prior to entering into any contract or agreement with a third party.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING THAT FROM AGENTS, THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES. You acknowledge and agree that we (i) do not decide what price is appropriate for the Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying square footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions. Listings and related information provided from third parties are provided solely as a convenience, and JMG has not reviewed or confirmed any information originating from sources other than JMG, including that from Agents.

WEBSITE FUNCTIONALITY. THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONALITY, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH OR ACCESSED FROM THE WEBSITE, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND— EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. JMG MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF ACCURACY, RELIABILITY OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR THOSE ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE.

JMG does not guarantee that the Website or Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. We make no representation that the Website or Services will meet your expectations or requirements, or that they will operate without delay, failure, or data loss.

You are solely responsible for implementing appropriate safeguards, including antivirus protection, security software, and backup systems, to protect your systems, data, and personal devices.

All content, features, and operations on the Website are subject to change, suspension, or termination at any time without notice. You acknowledge and agree that any reliance on the Website, including its content, is at your sole risk.

To the fullest extent permitted by applicable law, JMG disclaims all responsibility and liability for any damages, losses, or disruptions arising from:

Distributed denial-of-service (DDoS) attacks, malware, or other harmful code that may infect your devices, systems, or data;
Errors, omissions, interruptions, failures, or delays in the operation of the Website or Services;
The conduct, acts, omissions, or representations of third parties, including users, advertisers, vendors, or linked external websites.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO CEASE USING THEM. THIS LIMITATION IS A MATERIAL TERM OF THE AGREEMENT BETWEEN YOU AND JMG AND IS REFLECTED IN THE CONSIDERATION PROVIDED FOR ACCESS.

Nothing in this disclaimer affects any rights or warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, JMG, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, ANY LINKED WEBSITES, OR ANY CONTENT PROVIDED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT WHERE PROHIBITED, JMG’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, OR YOUR USE OR ACCESS TO THE WEBSITE OR SERVICES, SHALL NOT EXCEED THE GREATER OF:

(i) THE AMOUNT, IF ANY, YOU HAVE PAID TO JMG FOR ACCESS TO THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR

(ii) ONE HUNDRED U.S. DOLLARS (US $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON LIABILITY FOR PERSONAL INJURY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN SUCH JURISDICTIONS, JMG’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JMG.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless JMG, its affiliates, licensors, subsidiaries, predecessors, successors, and each of their respective current and former officers, directors, shareholders, members, managers, employees, agents, representatives, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and costs of investigation and defense, whether actual or threatened, arising out of or relating to:

your use of or access to the Website, the Services, or any content, materials, features, or services provided therein;
your breach or violation of these Terms of Use or any applicable law, regulation, or third-party right, including but not limited to intellectual property rights, privacy rights, or publicity rights;
any infringement or misappropriation by you of any intellectual property or other proprietary rights of any third party;
any acts or omissions of any third party accessing the Services using your unique username, password, or any other security credentials associated with your account.

MG reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any claim otherwise subject to indemnification by you. In such an event, you agree to cooperate fully with JMG in the defense of such a claim and in asserting any available defenses.

Your obligations under this indemnification provision shall survive the termination of your use of the Website and the expiration or termination of these Terms.

ACKNOWLEDGEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR (I) USER CONTENT, (II) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (III) THE CONDITION, LEGALITY, OR SUITABILITY OF ANY PROPERTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.

Releases. You shall and hereby do release us from all liability for you having acquired or not acquired housing through the Services. You hereby release us and our directors, officers, employees, agents, subsidiaries, Affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law, which provides in substance: 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,” and all similar code provisions in any jurisdiction.

Arbitration Clause and Class Action Waiver; Waiver of Jury Trial

IMPORTANTLY, PLEASE REVIEW THIS SECTION AS THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER AFFECTS YOUR LEGAL RIGHTS.

ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (JAMS).

Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.

NO CLASS ACTION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us

Governing Law

All matters arising out of or relating to your access to or use of the Website, including without limitation the interpretation, construction, performance, and enforcement of these Terms, shall be governed by and construed in accordance with the laws of the United States and the internal substantive laws of the State of Arizona, without regard to its choice-of-law or conflict-of-law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Services, including any non-contractual disputes or claims, shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona. You hereby irrevocably consent to the personal jurisdiction of, and venue in, such courts and waive any objections based on forum non conveniens or any other jurisdictional or venue defenses. You hereby waive any objections to the exercise of jurisdiction and venue in such courts.

Notwithstanding the foregoing, we reserve the right to commence any legal action against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction without waiving any rights or remedies available under these Terms or applicable law.

Any claim or cause of action arising from or related to these Terms of Use or the Website must be initiated within one (1) year from the date such claim or cause of action arises, or it shall be deemed waived and permanently barred.

Except as otherwise required by law, neither party shall seek or be entitled to recover damages beyond out-of-pocket expenses actually incurred. In no event shall either party be liable for consequential, incidental, punitive, or exemplary damages.

The prevailing party in any legal action or proceeding to enforce these Terms shall be entitled to recover reasonable attorneys’ fees and costs as determined by a court of competent jurisdiction.

Prior to initiating any legal action, the parties agree to engage in good-faith informal discussions to resolve any dispute, controversy, or claim arising out of or relating to the Website or these Terms. If such informal efforts fail to resolve the matter within thirty (30) days, either party may submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator located in Arizona. Should mediation be unsuccessful, the parties are free to pursue any rights or remedies available under applicable law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by JMG of any term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. The failure of JMG to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The invalidity, illegality, or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

Entire Agreement

The Terms of Use, our Privacy Policy, and any other document applicable to the relationship between You and JMG as referenced and incorporated herein constitute the sole and entire agreement between you and JMG regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Electronic Acceptance and Execution

By accessing or using the Website or Services, you acknowledge and agree that your actions constitute a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. § 7001 et seq. This includes your agreement to these Terms of Use, the Privacy Policy, and any incorporated agreements.

You further agree that your continued use of the Website or Services constitutes your acceptance of and agreement to be bound by these Terms in the same manner as if you had executed a physical written agreement. All records maintained by JMG in electronic or digital form shall be deemed admissible and legally enforceable to the fullest extent permitted by law.

If you are accepting these Terms on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

Contact

The Services are operated by JMG at the address listed below. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy, described above.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us using the contact information below:

Email: techteam@jasonmitchellgroup.com
Phone: (833) 471-3337
Mail: Jason Mitchell Group, LLC, 3080 N Civic Center Plaza, Suite 100, Scottsdale, AZ 85251

National Headquarters:

Useful Links: