America’s #1 Referral Brokerage

Terms of Service

The Jason Mitchell Group

Effective 9/1/26  |  Last updated 9/1/26

Introduction

We know it’s tempting to skip a page like this. But these Terms set expectations in both directions — what you can count on from JMG, and what we count on from you.

These Terms reflect how a referral brokerage actually works: we connect elite referral partners with top-performing local agents, and a lot of what happens next is governed by real estate license law, agency law, and the separate written agreements that sit behind the relationship. This page tells you where the lines are.

By accessing or using any JMG website, app, portal, or service, you agree to these Terms. If you don’t agree, please don’t use the Services.

1. What’s Covered in These Terms

These Terms of Service (“Terms“) govern your access to and use of the websites, mobile applications, agent portals, dashboards, CRM tools, communications, and related services operated by The Jason Mitchell Group and its affiliated brokerages (collectively, the “Services“).

The Services are used by several different audiences, and not every section applies to everyone:

AUDIENCE DESCRIPTION
Consumers Homebuyers and sellers who reach us through a referral partner or directly, looking to be matched with a local agent.
Agents & Brokerages Licensed real estate professionals who receive referrals, use JMG tools, or participate in JMG programs.
Referral Partners Lenders, credit unions, portals, employers, relocation firms, and other organizations that send or receive referrals.
General Visitors Anyone browsing our sites, reading our content, or submitting a form.

These Terms Are Not the Whole Agreement

If you have signed an Independent Contractor Agreement, Referral Agreement, Partner or Master Services Agreement, Buyer or Seller Representation Agreement, or any program-specific terms (including JMG+, Engage.IO, or Build-A-Brand), that signed agreement controls its subject matter. These Terms fill the gaps; they do not override a signed contract.

2. Who You’re Contracting With

The Services are provided by JMG Holding Partners LLC doing business as The Jason Mitchell Group (“JMG,” “we,” “us,” or “our“).

ITEM DETAIL
Principal address 3080 N Civic Center Plaza, Scottsdale, AZ 85251
Designated broker & License Number Jason Mitchell Real Estate California, LLC | CA DRE# 01527423 | Michael Manusco – Designated Broker (Broker License #01707473)
Jason Mitchell Real Estate Arizona, LLC | AZ DRE# LC688558000 | Devin Halverson – Designated Broker (#BR565847000)
Jason Mitchell Real Estate Florida, LLC | FL DRE# BO2035229 | Yumiko Ray – Designated Broker (Broker License # BK3354379)
Jason Mitchell Real Estate New York, LLC | NY DRE#10991232149 | Amy Arnone – Designated Broker (Broker License # 10491208805)
Jason Mitchell Real Estate Texas, LLC | TX DRE# 661141 | Kendra Townsend – Designated Broker (Broker License #9009167)
Jason Mitchell Real Estate Colorado, LLC | CO DRE# EC.100087706 | Thomas Livingston – Designated Broker (Broker License #ER.100079311)
Jason Mitchell Real Estate Nevada, LLC | NV DRE# 01951343 | Shad Williams – Designated Broker (Broker License #B.0146901.LLC)
Jason Mitchell Real Estate Georgia, LLC | GA DRE# 77667 | Wallace Hardy – Designated Broker (Broker License #351378)
Jason Mitchell Real Estate Utah, LLC | UT DRE#11522506-CN00 | Mike Parkinson – Designated Broker (Broker License #5496302-PB00)
General contact info@jasonmitchellgroup.com
Legal notices mv@clglawaz.com

JMG operates through affiliated brokerage entities licensed in the states where we do business. The specific entity that holds the license and provides brokerage services in your state may differ from the entity that operates this website. Licensing and regulatory disclosures for each state are available at justia.com/real-estate/home-ownership/real-estate-forms-50-state-resources.

Your agreement to these Terms is with JMG Holding Partners LLC and, where you receive brokerage services, with the JMG-licensed brokerage entity operating in the state where those services are provided. Each JMG-licensed entity is a separate legal entity, separately licensed, and is responsible only for its own acts and omissions.

Each affiliated brokerage entity, and each of JMG’s affiliates, officers, directors, employees and contractors, is an intended third-party beneficiary of Sections 21, 22, 23 and 25 and may enforce them directly.

3. Eligibility

You must be at least 18 years old and legally able to enter a binding contract to use the Services. The Services are not directed to children, and we do not knowingly collect information from anyone under 13.

If you use the Services on behalf of a business, brokerage, team, or other organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization.

The Services are intended for use within the United States. We make no representation that the Services are appropriate or available in other locations.

4. No Brokerage or Agency Relationship Is Created by Using the Services

Read This One

Browsing our site, submitting a form, requesting an agent match, or being contacted by JMG does not create a brokerage, agency, fiduciary, or client relationship. A real estate agency relationship is created only by a written representation agreement signed by you and a licensed agent or broker, in accordance with the law of the state where the property is located.

No brokerage, agency, or fiduciary relationship arises from your use of the Services. Until a written representation agreement is signed:

  • No one owes you fiduciary duties on the basis of these Terms.
  • Any information you share may be used to identify and introduce a suitable agent, consistent with our Privacy Policy.
  • You are free to work with any agent or brokerage you choose. JMG does not require you to use a referred agent, a particular lender, title company, insurer, or any other settlement service provider.

Referred agents are independent licensed professionals. Depending on the market and program, a referred agent may be affiliated with a JMG-licensed brokerage or with an independent partner brokerage that is not owned or controlled by JMG. Where an agent is affiliated with an independent partner brokerage, that brokerage and its designated broker — not JMG — supervise the agent’s day-to-day conduct and are responsible for the professional services the agent provides. Where an agent is affiliated with a JMG-licensed brokerage, that brokerage’s designated broker supervises the agent as required by the license law of the state in which the agent is licensed. Questions about a specific transaction should be directed to the agent and their designated broker.

5. What You Can Expect From Us

Referral matching

Where we offer agent matching, we will use commercially reasonable efforts to introduce you to a licensed agent in your market who fits the profile of your transaction. We do not guarantee a match, a particular agent, a response time, or an outcome.

Tools and platforms

For agents and partners, we provide access to the JMG technology stack — which may include lead routing, CRM access, nurture automation, reporting dashboards, training content, and branding resources — subject to your program agreement and to these Terms.

Ongoing development

We continually build, change, and retire features. We may add or remove functionality, adjust limits, launch new programs, or discontinue existing ones. Where a material change would negatively affect your use of the Services, we’ll give reasonable advance notice — except in urgent situations such as security incidents, abuse prevention, or legal requirements.

Reasonable skill and care

We provide the Services using reasonable skill and care. This is a commitment about how we work, not a guarantee of any particular result, referral, response time, or outcome. If we fall short, tell us at info@jasonmitchellgroup.com; our obligation, and your exclusive remedy, is for us to use commercially reasonable efforts to correct the issue or, where we cannot, to restore or discontinue the affected part of the Services.

6. What We Expect From You

Provide accurate information

Information you submit — contact details, transaction timelines, financing status, license numbers, production data — must be accurate and kept current. Referral routing, compensation, and compliance all depend on it.

Follow the law

You will comply with all applicable federal, state, and local laws, including real estate license law, the Fair Housing Act and state fair housing laws, RESPA, TCPA, CAN-SPAM, state Do Not Call rules, advertising and disclosure regulations, MLS and Association rules, and data protection laws.

Don’t abuse the Services

You must not:

  • Scrape, crawl, harvest, or use automated means to extract data from the Services, except as expressly permitted by our robots.txt or a written agreement;
  • Introduce malware, attempt to breach security, probe or test vulnerabilities, or bypass access controls or rate limits;
  • Reverse engineer, decompile, or attempt to extract source code, models, algorithms, or trade secrets from the Services;
  • Use the Services or any data obtained from them to build a competing referral network, lead product, agent database, or machine learning model;
  • Conduct text or data mining, or any automated analysis, indexing, or ingestion of the Services or their contents for the purpose of training, fine-tuning, or grounding any machine learning or generative model, without our express written consent. This is an express reservation of rights;
  • Create fake accounts, fake leads, fake reviews, or artificially inflate production or referral metrics;
  • Misrepresent your identity, license status, brokerage affiliation, or authority;
  • Solicit JMG agents, partners, staff, or referral sources in violation of any agreement you have with us;
  • Circumvent a referral — that is, close or attempt to close a referred transaction outside the referral agreement, or divert a referred client to another entity to avoid a referral fee;
  • Use the Services to harass, defraud, defame, impersonate, or harm anyone;
  • Upload, transmit, or store client data in violation of applicable privacy law or your obligations to that client.

Referral Circumvention

Circumventing an active referral is a material breach. JMG may terminate access, pursue the referral fee that would have been owed on the transaction as liquidated damages — which the parties agree is a reasonable estimate of JMG’s loss and not a penalty — offset that amount against compensation otherwise payable to you, and pursue any other remedy available at law or under your agreement. Nothing limits JMG’s right or obligation to report conduct to a regulator or Association where required or permitted by law.

7. Accounts & Platforms

Some Services require an account. You are responsible for everything that happens under your account, including safeguarding your credentials and enabling multi-factor authentication where offered. Notify us immediately at techteam@jasonmitchellgroup.com if you suspect unauthorized access.

Do not share credentials, transfer your account, or allow anyone else to use your access. Where JMG issues accounts through an organization, an administrator at that organization may set additional rules and may access, suspend, or disable your account.

Access to JMG platforms is a revocable license, not a property right. It is granted for the duration of your active relationship with JMG and terminates when that relationship ends. Upon termination, we may deactivate your access and, subject to law and to your program agreement, retain, return, or delete data associated with your account.

8. Additional Terms for Licensed Agents, Teams & Partners

If you receive referrals, use JMG tools, or participate in a JMG program, you additionally represent and agree that:

  • You hold an active real estate license in good standing in every state where you accept referrals, and you will notify us within three (3) business days of any lapse, suspension, revocation, disciplinary action, or complaint.
  • You maintain errors & omissions coverage of at least $200,000 per claim, if required by your agreement or your brokerage.
  • You are an independent contractor. JMG does not set your schedule, methods, or hours; require you to accept any referral; direct the manner in which you provide real estate services to a client; or reimburse your business expenses. Your compensation is determined by your signed agreement and is based on transactions you close. Nothing in these Terms creates an employment, joint venture, or partnership relationship. Requirements imposed on you by real estate license law, including supervision by a designated broker, are regulatory obligations and do not create an employment relationship.
  • Any additional company-specific rules, policies, and procedures are set forth in your executed JMG agreement, which is incorporated herein by reference.

Independence

JMG’s model is independence-first: your business, your brand, your clients. Participating in a JMG program does not require you to rebrand, and does not transfer ownership of your book of business. Referral obligations attach only to referrals JMG or a JMG partner actually sends you.

9. Referral Fees, Compensation & RESPA

Referral fees are paid broker-to-broker between licensed real estate brokerages, in accordance with applicable state license law. JMG does not pay referral fees, finder’s fees, or other transaction-based compensation to any person who is not appropriately licensed.

Referral percentages, payment timing, splits, override structures, and any revenue-share participation (including JMG+) are governed exclusively by your signed agreement and the applicable plan documents — not by this page. Rates and program terms may change prospectively on notice.

Any additional company-specific rules, policies, and procedures are set forth in your executed JMG agreement, which is incorporated herein by reference.

RESPA compliance

Where a referral relationship involves a settlement service provider — including lenders, title, escrow, insurance, or home warranty — the arrangement is structured to comply with the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulations. JMG does not pay or accept any fee, kickback, or thing of value in exchange for the referral of federally related mortgage business. Compensation between JMG and settlement service providers, where it exists, is for services actually performed at market value, and any required Affiliated Business Arrangement disclosures will be provided to consumers at the time required by law.

Consumers are never required to use any particular provider. You are free to shop.

Taxes

You are responsible for your own taxes. JMG will issue applicable tax forms and may withhold or report as required by law.

10. Earnings & Performance Disclaimer

Important — Results Vary

JMG publishes performance figures — including additional closings per year, increases in GCI, self-generated business growth, close rates, and revenue multipliers — that reflect aggregate or representative results achieved by participating agents and brokerages. They are not a promise, projection, or guarantee of what you will earn.

INDIVIDUAL RESULTS DEPEND ON MARKET CONDITIONS, LICENSE STATUS, TENURE, LEAD VOLUME, RESPONSIVENESS, CONVERSION SKILL, BUSINESS MODEL, AND EFFORT. MANY PARTICIPANTS EARN LESS THAN THE FIGURES CITED. SOME EARN NOTHING. JMG DOES NOT GUARANTEE ANY SPECIFIC NUMBER OF REFERRALS, ANY INCOME, OR ANY BUSINESS OUTCOME.

Statements about future performance are forward-looking and inherently uncertain. Testimonials and case studies reflect the experience of the individuals shown and are not typical of all participants. Any income figures referenced in marketing materials, presentations, webinars, or recruiting conversations are subject to this disclaimer.

11. Fair Housing & Equal Opportunity

JMG is committed to the letter and the spirit of the Fair Housing Act and all applicable state and local fair housing laws. We do not discriminate, and we do not permit discrimination on the Services, on the basis of race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, disability, or any other protected characteristic under applicable law.

Referral routing, agent matching, and marketing are designed to avoid steering, and we periodically review our routing and matching for outcomes that could indicate a fair housing problem. Agents may not use the Services to steer clients toward or away from neighborhoods, schools, or communities on the basis of protected characteristics, and may not make, print, or publish any statement indicating a preference or limitation based on a protected class.

Suspected fair housing violations may be reported to info@jasonmitchellgroup.com and to HUD at hud.gov/fairhousing. Accommodation requests are welcome at info@jasonmitchellgroup.com.

12. Listing & Property Data

Where the Services display property listings, valuations, market statistics, or neighborhood information, that content may be sourced from Multiple Listing Services, public records, referral partners, or third-party data providers, and is provided subject to the rules of the originating source.

  • Listing data is provided for your personal, non-commercial use and may not be redistributed, resold, scraped, or used to populate another database or product.
  • Listing data may be delayed, incomplete, or inaccurate. Properties may be under contract or off-market despite appearing as available. Verify all information independently.
  • Estimated values, affordability calculations, and market projections are automated estimates, not appraisals, and should not be relied on as the basis for a financial decision.
  • Square footage, lot size, school assignments, tax figures, HOA details, and permit history should be confirmed with the appropriate authority.

Applicable MLS attribution, copyright, and disclaimer notices appear with the relevant listing content.

13. Communications & Consent to Contact

Service communications. When you submit a form, request an agent, or create an account, we will contact you as necessary to respond to your request and provide the Services — including to introduce you to a matched agent, coordinate an active transaction, and send account, security, and administrative notices. These communications are part of the Services you requested and are not subject to the optional consent below.

Optional consent to calls and texts. Separately, and only if you affirmatively check the applicable box, you may consent to receive automated calls and text messages. This checkbox is unchecked by default, is entirely optional, and is not required in order to submit any form, request an agent, create an account, or receive any product or service from JMG.

☐ By checking this box, I expressly consent to receive marketing and informational calls and text messages — including messages sent using an automatic telephone dialing system or an artificial or prerecorded voice — at the telephone number I have provided, from JMG, an affiliated brokerage, and a matched agent. I understand this consent is not a condition of purchasing any goods or services, that I may decline and still use the Services, and that message and data rates may apply. Message frequency varies.

What consent covers. Your consent extends only to the parties identified at the point of collection. It does not authorize contact by any other party, and JMG does not treat a checkbox on our form as consent on behalf of a referral partner or any third party. If a referral partner will contact you, that consent is collected separately and disclosed to you at the time.

Withdrawing consent. Reply STOP to any text to opt out of that message program, or HELP for assistance. Use the unsubscribe link in any marketing email. You may also withdraw consent at any time by contacting us at info@jasonmitchellgroup.com, and we will honor your request as soon as practicable and in no event later than ten (10) business days after we receive it. Withdrawing marketing consent does not stop transactional or service messages relating to an active transaction, and does not require you to stop using the Services.

Your representations. Where you provide consent, it applies even if the number is registered on a federal or state Do Not Call list. You represent that you are the subscriber of, or the customary user authorized to consent for, that number, and you agree to notify us if it changes or is reassigned.

Records. We retain a record of the consent you provide, including the date, time, the specific disclosure text displayed, and the form or page where it was collected.

Call monitoring. Calls to or from JMG, an affiliated brokerage, or a matched agent may be monitored or recorded for quality assurance and training, consistent with applicable law. Where two-party consent is required, you will be notified at the beginning of any recorded call and given the opportunity to decline recording or to end the call. We do not record a call over your objection.

14. Electronic Records & Signatures

You consent to transact electronically. Under the federal E-SIGN Act and applicable state UETA statutes, your electronic signature, click-acceptance, or other electronic assent has the same legal effect as a handwritten signature, and electronic records satisfy any requirement that a record be in writing.

To access electronic records you need a device with a current browser, an active email address, and the ability to view PDF files. You may request a paper copy of any record or withdraw your consent to electronic delivery by contacting info@jasonmitchellgroup.com; withdrawing consent may limit your ability to use certain Services.

Your consent applies to all records we provide to you electronically in connection with the Services, unless you tell us otherwise. We do not charge for a paper copy of any record. Keep your email address current by updating it in your account or by writing to info@jasonmitchellgroup.com; we may treat records sent to the address we have on file as delivered.

15. Your Content

Your Content” means anything you submit, upload, or share through the Services — reviews, testimonials, photos, listing descriptions, marketing copy, agent bios, documents, and messages.

You keep ownership of Your Content. You grant JMG a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting and technical purposes), distribute, publicly display, and perform Your Content, solely to:

  • Operate, provide, secure, and improve the Services;
  • Display content you have chosen to make public;
  • Promote the Services, where you have made the content public or given us permission — for example, quoting a review or featuring a testimonial.

This license lasts as long as Your Content is protected by intellectual property rights, and survives removal only to the extent content was already shared, copied, cached, or indexed by others.

You represent that you have the rights necessary to grant this license, that Your Content is lawful, and — for photography, floor plans, video, and listing media — that you hold the copyright or a license permitting the use. Uploading photographer-owned listing media without a license is a common and costly mistake; the responsibility is yours.

Where you provide a testimonial, review, or photograph of yourself, you also grant JMG permission to use your name, likeness, market, brokerage affiliation, and the production figures you provide, in connection with promoting the Services, until you withdraw that permission by writing to info@jasonmitchellgroup.com. Withdrawal applies prospectively and does not require JMG to recall materials already distributed.

For any content you submit that identifies or depicts another person, you represent that you have obtained that person’s written consent to its use in JMG’s advertising and promotion.

For photography, floor plans, video, and listing media, you represent that you hold the copyright or a license that permits both your use and JMG’s promotional use of that media, that the license has not expired, and that any required MLS or photographer attribution accompanies it.

If you send us feedback or suggestions, we may use them freely, without obligation or compensation to you.

16. JMG Content, Marks & Brand Assets

The Services and their contents — software, text, graphics, layouts, training materials, presentations, data compilations, and the design system itself — are owned by JMG or its licensors and protected by copyright, trademark, and other laws. We retain all rights not expressly granted.

“The Jason Mitchell Group,” “JMG,” the JMG logo, and JMG program names [list registered/TM marks and their status] are trademarks of JMG. You may not use them without written permission except to accurately identify your affiliation while that affiliation is active.

Brand asset license

Where JMG provides brand assets, templates, or co-branded materials to an active agent, team, or partner, you receive a limited, revocable, non-exclusive, non-transferable license to use them solely for the approved purpose, in unmodified form, during the term of your relationship with JMG. You may not:

  • Alter, recolor, stretch, or add effects to any logo;
  • Combine JMG marks with your own to imply a joint entity or endorsement;
  • Use JMG marks in domain names, paid search keywords, handles, or app names without written approval;
  • Use the marks or logos of JMG referral partners — including lenders, portals, and financial institutions — for any purpose, except as they appear in co-branded materials JMG has supplied to you for an approved purpose, in unmodified form. Partner marks are licensed to JMG, not to you.

Upon termination, you will cease all use of JMG and partner marks and remove them from signage, websites, social profiles, and marketing within ten (10) days.

17. Third-Party Services & Referral Partners

The Services integrate with and link to third-party products — including CRM, dialer, marketing automation, transaction management, and analytics platforms — and connect you with third-party referral partners such as lenders, portals, financial institutions, and relocation providers.

Those third parties operate under their own terms and privacy policies, which govern your use of their products and their handling of your data. JMG does not control them, does not endorse them by linking to them, and is not responsible for their content, availability, security, pricing, or conduct. Review their terms before you use them.

Partner names and logos appearing on the Services identify referral relationships. They do not imply that the partner has reviewed, sponsored, or endorsed any specific statement on the Services, and they do not make the partner a party to these Terms.

18. Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent:

DMCA AGENT CONTACT
Name / title Melissa Vizcarra
Address 2720 East Camelback Road, Suite 280, Phoenix, Arizona 85016
Email mv@clglawaz.com
Phone 602-492-3487

A valid notice must include: a signature of the rights owner or authorized agent; identification of the copyrighted work; identification of the material claimed to be infringing and where it appears on the Services; your contact information; a statement of good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act.

We will remove or disable access to material as appropriate, notify the poster, and accept counter-notices. We terminate the accounts of repeat infringers. Knowingly misrepresenting that material is infringing may expose you to liability for damages.

19. Privacy

Our Privacy Policy explains what information we collect, how we use it, who we share it with, and the choices available to you — including rights under the California Consumer Privacy Act and other state privacy laws. It is incorporated into these Terms by reference.

Because referral routing necessarily involves sharing consumer contact and transaction information with a matched agent and, in some programs, back to the originating referral partner, please read the Privacy Policy before submitting information.

Agents and partners who receive consumer data through the Services are independently responsible for handling it lawfully, securing it, honoring opt-outs, and complying with any data processing terms in their agreement.

20. Accessibility

JMG is working to make the Services accessible and usable for people with disabilities, and we use the Web Content Accessibility Guidelines 2.1 Level AA as a guide for that work. Accessibility is ongoing work, and some content — particularly third-party listing feeds and embedded partner tools — may not yet fully conform.

If you encounter a barrier, contact info@jasonmitchellgroup.com or 833 471 3337 and we will work to provide the information or service you need through an alternative method.

21. Warranty & Disclaimers

We provide the Services using reasonable skill and care, as described in Section 5. Beyond that commitment and any warranty expressly stated in a signed agreement, the disclaimers set out in the box below apply and form part of this Section 21:

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, JMG disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing or usage of trade.

JMG does not warrant that the Services will be uninterrupted, secure, timely, or error-free; that defects will be corrected; that any content, listing data, valuation, or estimate is accurate or complete; that you will receive any referral, any number of referrals, or any income; or that a referred agent will accept, respond to, or successfully complete any transaction.

Content on the Services is provided for general informational purposes and is not legal, tax, financial, appraisal, lending, insurance, or investment advice. Consult a qualified professional before making a decision. Nothing on the Services constitutes an offer to buy or sell real property, or a commitment to lend.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

22. Limitation of Liability

Nothing in these Terms limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, gross negligence, for willful misconduct, or for any liability that cannot be limited under applicable law. The limits set out in the box below apply and form part of this Section 22.

Subject to the paragraph above, and to the maximum extent permitted by law, JMG and its affiliates, officers, directors, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunity, lost commissions, loss of goodwill, or loss of data, arising out of or relating to these Terms or the Services — even if advised of the possibility.

JMG’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of: (a) for a consumer, $500; and (b) for an agent, team, brokerage, or referral partner, the lesser of $10,000 or the total amounts paid by you to JMG, or by JMG to you, in the twelve (12) months preceding the event giving rise to the claim. Where no amounts have been paid by you to JMG, the cap in (a) applies.

JMG is not liable for the acts, omissions, negligence, misrepresentations, or professional conduct of any independent agent, partner brokerage, lender, title company, inspector, contractor, or other third party connected with a referral or transaction.

These limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

23. Indemnification

If you use the Services in a business capacity — as an agent, team, brokerage, or partner — you agree to defend, indemnify, and hold harmless JMG and its affiliates, officers, directors, employees, and contractors from any third-party claim, proceeding, loss, damage, fine, penalty, judgment, settlement, or expense (including reasonable attorneys’ fees) arising out of or relating to:

  • Your breach of these Terms or of any agreement with JMG;
  • Your violation of law, including real estate license law, fair housing law, RESPA, TCPA, or privacy law;
  • Your real estate services, advice, representations, or omissions in any transaction;
  • Your marketing, advertising, or use of JMG or partner marks;
  • Your Content, or your infringement of any third party’s rights.

This obligation does not apply to the extent a claim is caused by JMG’s own breach, negligence, or willful misconduct. We will notify you of any claim we seek indemnification for and may participate in the defense with counsel of our choosing.

24. Suspension & Termination

Where reasonably possible, we will give you notice, explain the reason, and give you a chance to address the issue before acting — unless doing so would cause harm or liability, violate law or a court order, compromise an investigation, or threaten the security of the Services.

We may remove content, suspend access, pause referral routing, or terminate your account if:

  • You materially or repeatedly breach these Terms or any agreement with JMG;
  • Your real estate license lapses, is suspended, or is revoked;
  • We are required to act by law, regulator, or court order;
  • We reasonably believe your conduct creates risk of harm or liability to a consumer, an agent, a partner, or JMG;
  • Your account is inactive for an extended period, or the Service is discontinued.

You may stop using the Services at any time; account closure requests go to info@jasonmitchellgroup.com. Termination of these Terms does not by itself terminate a signed agreement, and does not relieve either party of obligations that accrued before termination — including referral fees owed on transactions already in progress.

Sections concerning referral fees owed, content licenses, IP, disclaimers, liability limits, indemnification, dispute resolution, and general provisions survive termination.

25. Governing Law, Disputes & Arbitration

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules.

Informal resolution first

Before filing a claim, contact us at mv@clglawaz.com with a written description of the dispute and the relief sought. We’ll try in good faith to resolve it within [30] days. This step is a condition precedent to formal proceedings.

Arbitration & Class Action Waiver — Please Review Carefully

If informal resolution fails, any dispute will be resolved by final and binding individual arbitration administered by [AAA / JAMS] under its Consumer Arbitration Rules, before one arbitrator, seated in Maricopa County, Arizona. The Federal Arbitration Act governs this section.

You and JMG waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only on an individual basis, except as provided below.

Exceptions. Either party may bring a claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information. Nothing in this Section limits either party’s right to file or participate in a complaint or proceeding before a state real estate regulator, or in an arbitration or ethics proceeding required by an Association of REALTORS®, or to file a charge with a government agency.

Opt-out. You may opt out of arbitration by sending written notice to info@jasonmitchellgroup.com within [30] days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Public injunctive relief. Nothing in this Section waives any non-waivable right to seek public injunctive relief. A claim for public injunctive relief may be brought in court, is not subject to arbitration, and is not subject to the class action waiver. If a court determines that this paragraph is unenforceable, that claim is severed and proceeds in court while all other claims remain in arbitration.

Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable — except that a court decides the enforceability of the class action waiver and of the paragraph above.

Coordinated filings. If 25 or more demands for arbitration raising substantially similar claims are filed by or with the assistance of the same or coordinated counsel within a 90-day period, the demands will be administered in sequential batches of no more than 50, with a single arbitrator per batch, and the parties will select two demands from the first batch to proceed as bellwethers. Limitations periods are tolled for any demand awaiting a batch, and any demand not assigned to a batch within twelve (12) months of filing may be brought in court at the claimant’s election.

Severability. If any part of this Section is found unenforceable, that part is severed and the remainder of this Section remains in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim proceeds in court while all others remain in arbitration. Where arbitration does not apply, disputes will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and both parties consent to personal jurisdiction there.

Time limit. Any claim must be brought within one (1) year of the date it accrued, or it is permanently barred — except that where applicable law provides a longer period that cannot be shortened by agreement, that longer period applies. The time spent in the informal resolution process described above does not count against this period, and this limitation does not apply to claims for indemnification.

26. Changes to These Terms

We may update these Terms to reflect changes to the Services, our programs, or applicable law, or to address security or abuse. When we make material changes, we’ll post the updated Terms with a new effective date and provide reasonable advance notice — by email, in-product notice, or a prominent notice on the site — except when launching a new feature or responding to an urgent legal or security matter.

Changes apply prospectively. Continuing to use the Services after the effective date means you accept the updated Terms. If you don’t agree, stop using the Services and close your account.

27. General Provisions

Entire agreement. These Terms, plus the Privacy Policy and any signed agreement or program terms, are the entire agreement between you and JMG regarding the Services. Where a signed agreement conflicts with these Terms, the signed agreement controls as to its subject matter.

Severability. If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in force.

No waiver. If we don’t enforce a provision right away, we haven’t waived it.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

No third-party beneficiaries. Except as expressly stated in Section 2, these Terms create rights only between you and JMG.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Relationship. Nothing here creates a partnership, joint venture, employment, or franchise relationship.

Notices. We may send notices by email, in-product message, or posting on the Services. Send legal notices to 2720 East Camelback Road, Suite 280, Phoenix, Arizona 85016.

Headings. Headings and plain-language summaries are for convenience only and do not affect interpretation.

28. Definitions

For purposes of these Terms: “Independent Partner Brokerage” means a licensed real estate brokerage that is not owned or controlled by JMG and that participates in a JMG referral program; “Independent Partner Agent” means a licensed agent affiliated with an Independent Partner Brokerage, and for the avoidance of doubt neither term includes an agent affiliated with a JMG-licensed brokerage entity; “Affiliated Brokerage” means a JMG-licensed brokerage entity; and “Program Agreement” means the executed JMG agreement and applicable plan documents governing your participation in a JMG program.

TERM MEANING
Affiliate An entity that controls, is controlled by, or is under common control with JMG, including affiliated licensed brokerage entities operating in individual states.
Agent A licensed real estate salesperson or broker who receives referrals from, or participates in a program operated by, JMG.
Consumer An individual using the Services in connection with a personal residential real estate transaction.
Referral The introduction of a prospective buyer, seller, or client to an Agent through JMG or a Referral Partner.
Referral Partner A lender, credit union, portal, financial institution, employer, relocation firm, or other organization that sends or receives referrals through JMG.
Referral Fee Compensation paid broker-to-broker on a closed referred transaction, as set out in the applicable agreement.
Services JMG websites, apps, portals, dashboards, CRM and marketing tools, training content, communications, and related offerings.
Your Content Anything you submit, upload, post, or share through the Services.

29. Contact Us

TOPIC WHERE TO REACH US
General support info@jasonmitchellgroup.com
Legal notices mv@clglawaz.com
Privacy requests info@jasonmitchellgroup.com
Compliance & fair housing info@jasonmitchellgroup.com
Copyright / DMCA mv@clglawaz.com
Accessibility info@jasonmitchellgroup.com

Equal Housing Opportunity. Each office is independently owned and operated where applicable. Real estate brokerage services provided by licensed affiliates of The Jason Mitchell Group. Performance figures referenced anywhere on this site are subject to the Earnings & Performance Disclaimer in Section 10 and are not a guarantee of individual results.

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