General Member and Member Agent Agreement
Last updated: June 1, 2023
In the event you use a service, feature, or functionality that is operated by a third party and made available through our referral services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we encourage users to examine the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BUY JUNTO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Buy Junto is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from creating member accounts.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Fees and Costs
Membership is free. Membership includes access to non-public information and introduction to educational and third-party referral resources including events. And where available you can browse matches and send email messages to any other member.
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, text, graphics, items, or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that, Buy Junto is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You agree to provide true, accurate, current, and complete information about yourself within your platform membership profile (such information being the "Membership Profile") and to maintain and promptly update the Membership Profile to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Buy Junto has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, and Buy Junto has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You retain all ownership rights in your User Content. However, by participating with Buy Junto you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). Without limiting the foregoing, when you submit User Content to Buy Junto, you agree that the User Content License allows Buy Junto the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with the User Content License shall entitle you to any compensation from Buy Junto or any other companies, organizations, or individuals.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Buy Junto or the communications that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Buy Junto. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Buy Junto Content
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, Buy Junto Member Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Buy Junto Content may violate such laws and these Terms. Except as expressly provided in these Terms, Buy Junto does not grant any express or implied rights to use Buy Junto Content.
You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Buy Junto Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Buy Junto Content. This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance, or public display of Buy Junto Content.
Modifying or otherwise making any derivative uses of the Services or Buy Junto Content, or any portion thereof; use of any scraping, data mining, robots, or similar data gathering or extraction methods.
Downloading (other than page caching) any portion of the Services, Buy Junto Content, or any information contained therein, except as expressly permitted on the Services; any use of the Services or Buy Junto Content other than for their intended purposes is prohibited.
Any use of the Services or Buy Junto's Content other than as specifically authorized in these Terms, without the prior written permission of Buy Junto, is strictly prohibited and will terminate access to use of Buy Junto resources granted in these Terms.
You acknowledge and agree that Buy Junto may preserve User Content and Membership Data and may also disclose User Content and Membership Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Buy Junto, its users, and the public.
In addition to the other restrictions outlined in these Terms, you agree that you will not: Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited by law. You will also not use the Services in any manner that could interfere with, disrupt, negatively affect, inhibit other users from fully enjoying the Services, or damage, disable, overburden, or impair the functioning of the Services.
Compromise the security of the Services
You agree to not send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials; Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services; Use or attempt to use another user’s account without authorization; attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so; engage in any harassing, intimidating, predatory, or stalking conduct; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; develop any third-party applications that interact with User Content or the Services without our prior written consent, use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms will be addressed with proper legal action.
Account Security (we do not collect any sensitive personal or financial data)
After opening a Buy Junto account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that Buy Junto will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Buy Junto respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Buy Junto becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our office:
Report Copyright Infringement
Buy Junto, LLC
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Go Home Buyers Unite to locate the material.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE BUY JUNTO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUY JUNTO SERVICES ARE PROVIDED BY BUY JUNTO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BUY JUNTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BUY JUNTO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUY JUNTO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BUY JUNTO SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUY JUNTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUY JUNTO DOES NOT WARRANT THAT THE GO HOME BUYERS UNITE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUY JUNTO SERVICES, BUY JUNTO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BUY JUNTO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUY JUNTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BUY JUNTO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BUY JUNTO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
General Practices Regarding Use and Storage
You acknowledge that Buy Junto may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings, Membership Data, or other uploaded User Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Buy Junto's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Buy Junto has no responsibility or liability for the deletion or failure to store any messages and other communications or other Buy Junto Content maintained or transmitted by the Services. You acknowledge that Buy Junto reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Buy Junto reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Engagement with Real Estate Agents Services
Buy Junto provides a platform and introductory services for members, and as a member you agree to work with the real estate agent of your choosing, which can be an agent from our Buy Junto recommended agent list, available from our network, or an agent of your own choosing from external options. However, please note using an agent outside of our network will not have access to all the in-network resources.
You agree that Buy Junto in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if Buy Junto believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Buy Junto may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice, and acknowledge and agree that Buy Junto may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Buy Junto shall not be liable to you or any third-party for any termination of your access to the Services.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Buy Junto, our managing members, officers, shareholders, employees, affiliates, parent companies, subsidiaries, licensors, and suppliers (the "Buy Junto Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will Buy Junto or the Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Buy Junto has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Buy Junto for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Buy Junto is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Buy Junto’s liability shall in no event exceed the amount you paid for the Services or $1.00, whichever is greater. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BUY JUNTO, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Buy Junto that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except that you and Buy Junto are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Buy Junto, and to any subsidiaries, parent companies, affiliates, agents, officers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at http://www.adr.org/consumer or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than twenty-five thousand U.S. dollars (US $25,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is twenty-five thousand U.S. dollars (US $25,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Buy Junto, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Buy Junto.
Waiver of Jury Trial. YOU AND BUY JUNTO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Buy Junto in any state or federal court in a suit or enforce an arbitration award or otherwise, YOU AND BUY JUNTO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Denver County, Colorado.
Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court. Notwithstanding the foregoing, either you or Buy Junto may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Denver County, Colorado, for such purpose.
Survival. This Arbitration Agreement will survive the termination of your relationship with Buy Junto.
4) Forum and Venue
Subject to the terms of the arbitration provisions above, a lawsuit, if any, by you or Buy Junto against the other will occur in state or federal court in Denver County, Colorado. You and Buy Junto agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between You and Buy Junto will be governed by these Terms and the laws of the State of Colorado and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between You and Buy Junto. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Buy Junto account.
Questions and Comments
Buy Junto welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting firstname.lastname@example.org .