Terms & Conditions
Welcome to Terms & Conditions for Mountain Luxury Prestige.
Contract
When you begin a paid plan, these Terms and Conditions (T&Cs) are the contract between you and us.
Like many other service contracts, you agree to handle disputes with us through binding arbitration. See that section below for details.
Who We Are
Legally, we’re BFZ LLC, a Utah corporation, doing business as Mountain Luxury Affiliates at 3632 N Wolf Creek Drive, Eden, UT 84310. You can reach us at 801-745-8400 and help@mountainluxury.com.
Our Customers
- Must be Realtors with valid, up-to-date licenses and at least 18 years old.
What We Provide
- A website where leads can search for listings and view information about resorts, developments, real estate tips, etc.
- An “agent page” on that website for/about you with a direct website link that you can provide to potential customers and otherwise market. For example, a link like https://www.mountainluxury.com/agents/jane-doe/
- Special links that can convert new website registrations into your leads. For example, a link like https://www.mountainluxury.com/park-city/?lux=123456
- New website registrations can become your leads (i.e. no commission split, see below)
- New leads that have come through your agent page can become your leads
- New leads that have come through one of your special links can become your leads
- Agent access to our website, where you can:
- Add leads
- Set up listing searches for your leads that notify them of new matches
- Hand-select listings to send to your leads
- Branding you can use, for instance, in your email signature
- You can use our provided branding to market yourself
- You may not resell our branding to others
- Copyright and trademark of our branding remain with us
What You Provide
- Information for your agent page
- Although you are the source of this information, we hand-create your page
- As such, we reserve the right to edit this information. For instance, we may
- Remove offensive comments
- Edit and reformat to better fit the page
- You will have final approval of the page
- If we somehow can’t come to an agreement on the page, see “Disputes”
- Any information provided must be legally provided, meaning, for example, you have the copyright or other right to give us the information and allow us to display that information. You retain the copyright of your information
- Clients/leads as desired (see below)
Clients/Leads
Our Leads (“Referral” Leads)
- We have a long list of existing leads in a Customer Relationship Management (CRM) system, along with dates and activity
- We continue to expand this list by registering new leads on our website
Your Leads
- You undoubtedly have your own set of leads as well
- When you import or create leads in our system you permit us to market to them on your behalf and on behalf of mountainluxury.com
- We will never resell your leads
Affiliate Leads
- Your leads plus all the other affiliate agent leads
New Leads
- New leads are new website registrations that are not part of Our Leads or Your Leads or Affiliate Leads
- New leads become your leads if, as described above, the new lead registration happens after visiting your agent page or one of your special links
- Exception: in the rare event that a new lead visits two or more affiliate pages and then registers, we will use the last visited affiliate as the “owner” of the new lead
- New leads become our leads if they are not associated with any affiliate
Lead Management
- We may follow up with referral leads you accept to ensure they are happy with your service. On the off chance that they are not satisfied with your service, we reserve the right to reassign your referral lead to another agent
Converting Fees
Your Leads
- You pay no commission
Our Leads
- We may refer one of our leads to you
- We may follow up leads you accept to ensure they are happy with your service. On the off chance that they are not satisfied with your service, we reserve the right to reassign the lead to another agent
- If these leads close, you must remit a commission of 30% of the buyer/seller commission
- Example: Suppose the transaction has a 6% realtor commission, with 3% for the buyer agent and 3% for the seller agent. You are the buyer's agent. Our commission would be 30% of the 3%
Privacy
Our policy is at mountainluxury.com/privacy. Of course, the comments about “connecting you with a realtor” and “contacting your agent” don’t apply to you.
Payments
- Monthly subscriptions are $195 per Realtor/Affiliate which must be paid through our payment page (currently on Stripe)
- Commissions may be paid by check or other means. We will work with you when this happens
Prohibitions
- Using our system to break the law
- Scraping, downloading, or copying any information retrieved through our website
- This includes, but is not limited to, for example, listings, users, blogs, city descriptions, HTML, CSS, JavaScript, and any other textual or non-textual information retrievable from our site and services (such as image hosts)
- Harming or attempting to harm the system
- Tricking, defrauding, misleading, scamming, etc us or others
- Harassing, intimidating, threatening, or other undesirable behavior towards other people
- Selling any of our content or marks
- Not submitting true, current, accurate, and complete information
- Misusing the system and/or using the system in unintended ways
Modifications
We reserve the right to change, modify, or remove the contents of our site and services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or services..
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Weber, Utah . Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Weber, Utah, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Limitations of Liability
We do our best to keep the website running, especially since we’re collecting our own leads from it (in addition to yours.) But the site is “as is” and “as available”, meaning sometimes it might be broken or otherwise unavailable..
IN NO EVENT WILL WE OR OUR OWNER(S), DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,200.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.