TERMS OF SERVICE

“Hall,” “we,” “us,” or “our” means the Real Estate Hall of Fame™, its owner or owners, founders, officers, directors, managers, members, employees, contractors, committee and selection panel members, advisors, agents, affiliates, licensors, service providers, successors, and assigns (collectively, the “Released Parties”). “You” means any visitor, applicant, candidate, nominee, inductee, member, or person or entity that submits any information, application, inquiry, correspondence, or payment to us. “Services” means this website, the directory, all listings, profiles, application and review processes, communications, badges, and any related materials.

You must affirmatively acknowledge these Terms before submitting an application or correspondence. Your acknowledgment, your submission, or your continued use of the Services constitutes your electronic signature and agreement to these Terms. We may modify these Terms at any time by posting a revised version with a new effective date. Continued use after posting constitutes acceptance. It is your responsibility to review these Terms periodically.

The Hall is a private, independent, editorial and honorary institution. Selection, induction, listing, retention, and removal are entirely discretionary, subjective, honorary, and non-binding editorial determinations protected as opinion and expression. We make no promise, representation, guarantee, or warranty of any kind that any application will be reviewed within any timeframe, accepted, approved, published, maintained, ranked, promoted, or continued.

Induction, listing, or appearance in the Hall is not an endorsement, certification, license, accreditation, credential, professional recommendation, verification of licensure, or assurance of the competence, honesty, financial condition, legal compliance, or performance of any person or firm. The Hall does not provide real estate, legal, financial, investment, tax, or professional advice of any kind, and nothing on the Services may be relied upon as such.

Content is provided for general informational and commemorative purposes only. Biographies, achievements, statistics, markets, and other listing content are supplied by the individuals themselves or compiled from public sources and are not independently verified. We disclaim all responsibility for the accuracy, completeness, currency, or legality of such content. Any decision you make in reliance on the Services — including engaging, hiring, transacting with, or referring business to any listed person — is made solely at your own risk, and you assume all such risk in full.

Where applicable, a one-time induction fee of $399.00 and an annual listing maintenance fee of $199.00 apply. Fees defray archival, administrative, hosting, and editorial costs. Fees do not purchase induction, do not influence any committee determination, and are not a payment for endorsement.

All fees are non-refundable, non-transferable, and non-creditable once paid, to the maximum extent permitted by law, including if an application is denied, withdrawn, suspended, or if a listing is later edited, suspended, or removed for any reason or no reason. Annual fees recur only if you elect to maintain a listing; non-payment results in removal without liability to us. Fees may change prospectively at any time. You agree not to initiate any chargeback, payment dispute, or reversal; you agree that doing so is a material breach and that we may recover our resulting costs, including fees charged by payment processors and reasonable attorneys’ fees.

You represent and warrant that all information you submit is truthful, accurate, and not misleading; that you own or have all rights necessary to submit it; that its submission and publication do not and will not infringe or violate the rights of any person, including copyright, trademark, publicity, privacy, contractual, and confidentiality rights; and that you are at least eighteen years of age and legally capable of entering this agreement.

You grant the Hall a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, non-exclusive license to host, store, reproduce, adapt, excerpt, edit for length and style, publish, display, distribute, and archive your submissions, name, likeness, photographs, biography, firm name, and professional information in any medium now known or later devised, for the operation, archiving, and promotion of the Hall. You waive any moral rights and any right of inspection or approval of such use. You acknowledge that the Hall maintains a permanent record and that we are under no obligation to delete archival entries.

We may, at our sole and absolute discretion, with or without cause and with or without notice, decline, delay, modify, suspend, unpublish, or permanently remove any application, listing, profile, correspondence, or account, and may discontinue the Services in whole or in part. No such action shall create any liability to you, and no refund shall be owed.

Introduction requests are routed to the Hall, which may in its discretion forward, decline, or ignore any request. We do not guarantee any response, forwarding, introduction, or outcome, and we are not a party to, and bear no responsibility for, any relationship, communication, transaction, or dispute between you and any member, inductee, or third party. We disclaim all liability arising from any such interaction.

The Services rely on third-party providers, including hosting, database, email, and payment processors, and may link to third-party sites. We do not control and are not responsible for those services, their availability, security, acts, omissions, or content. Payment card processing is handled by a third-party processor under its own terms.

The services are provided “as is” and “as available,” with all faults and without warranty of any kind. To the fullest extent permitted by law, the released parties disclaim all warranties, express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the services will be uninterrupted, secure, error-free, or free of harmful components, or that any content is accurate or complete.

To the fullest extent permitted by law, the released parties shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, business, goodwill, reputation, opportunity, data, or anticipated savings, arising out of or relating to the services, these terms, any application, any listing, any removal, any correspondence, or any interaction with any member or third party, whether based in contract, tort, negligence, strict liability, defamation, misrepresentation, statute, or otherwise, and whether or not we were advised of the possibility of such damages.

The aggregate liability of the released parties for all claims in the aggregate shall not exceed the greater of (a) the total amount of fees you actually paid to the hall in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00). these limitations apply even if a remedy fails of its essential purpose.

You hereby fully, finally, and forever release, acquit, waive, and discharge the Released Parties from any and all claims, demands, causes of action, damages, losses, costs, and expenses of every kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to the Services, your application, any selection or non-selection, any listing, edit, suspension or removal, any fee paid, any statement or opinion published by the Hall, and any interaction with any member or third party. You covenant not to sue the Released Parties on any released claim.

You expressly waive the benefit of California Civil Code section 1542 and any similar law of any jurisdiction, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

You assume all risk arising from your use of the Services. You agree to defend, indemnify, and hold harmless the Released Parties from and against all claims, liabilities, damages, judgments, awards, penalties, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your submissions or their publication, (b) your breach of these Terms or of any representation or warranty, (c) your violation of any law or third-party right, and (d) your dealings with any member, inductee, or third party.

Please read carefully — this affects your rights. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, conducted in the State of Utah or by remote means at the arbitrator’s discretion. The arbitrator shall decide all issues, including arbitrability. Judgment on the award may be entered in any court of competent jurisdiction.

You and the Hall waive any right to a trial by jury and any right to participate in a class, collective, consolidated, coordinated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding and may award relief only to the individual party seeking relief and only to the extent necessary to that party’s individual claim. If the class waiver is found unenforceable as to any claim, that claim shall proceed in court, and all other claims remain in arbitration.

Pre-dispute notice. Before commencing arbitration, you must send a written notice describing the dispute and the relief sought to info@realestatehalloffame.com and allow sixty (60) days for good-faith resolution. This condition is a prerequisite to filing.

Opt-out. You may opt out of this arbitration agreement by emailing info@realestatehalloffame.com with your name and a clear statement of opt-out within thirty (30) days of first acknowledging these Terms. Opting out does not affect any other provision.

Any claim arising out of or relating to the Services or these Terms must be commenced within one (1) year after the claim accrues, or it is permanently barred, to the maximum extent permitted by law.

All selection decisions, commentary, rankings, honorifics, and editorial statements published by the Hall are expressions of opinion, fair comment, and protected expression, and are not statements of verifiable fact. You agree not to assert any claim for defamation, libel, slander, trade libel, false light, tortious interference, or business disparagement arising from any such expression, and you release any such claim in full.

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules, and by the Federal Arbitration Act as to Section 14. For any matter not subject to arbitration, exclusive venue lies in the state and federal courts located in Washington County, Utah, and you consent to personal jurisdiction there and waive any objection to venue or forum non conveniens. In any proceeding, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

Information you submit is stored on our systems and processed by our service providers for the purpose of reviewing, publishing, administering, and archiving Hall records. You consent to receive electronic communications from us regarding your application, listing, fees, and the Hall, and you agree that electronic records and signatures satisfy any legal writing requirement.

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, outages, cyberattacks, provider failures, labor events, war, epidemic, or governmental action.

If any provision is held unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall remain in full force. No waiver is effective unless in writing, and no failure to enforce is a waiver. You may not assign these Terms; we may assign them freely. These Terms, together with any posted policies, constitute the entire agreement between you and the Hall and supersede all prior understandings. Sections 3–17 survive termination.

Questions or notices: info@realestatehalloffame.com

These Terms are provided as the Hall’s operating agreement with users and are not legal advice to you. Enforceability of certain provisions varies by jurisdiction.