BRADEN JOHNSON PLLC
Licensed Arizona REALTOR® | Arizona Department of Real Estate
www.bradenazhomes.com
TERMS OF USE AGREEMENT
Effective Date: March 5, 2025
Introduction
Welcome to bradenazhomes.com (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Braden Johnson PLLC, a licensed Arizona real estate professional and REALTOR® (the "Company," "us," "we," or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website, including Arizona real estate search tools, market reports, AI-powered features, GoHighLevel CRM-based communications, and related real estate services (collectively, the "Services").
As a licensed real estate professional regulated by the Arizona Department of Real Estate (ADRE) and bound by the National Association of REALTORS® (NAR) Code of Ethics, our Services are subject to applicable Arizona real estate laws, including Arizona Revised Statutes (A.R.S.) Title 32, Chapter 20, and ADRE Commissioner's Rules.
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
By accessing or using the Services (or by clicking "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be: (i) at least 18 years old, which is also the minimum legal age to enter into a real estate contract in Arizona under A.R.S. Section 44-101; and (ii) not a competitor of or using the Services for purposes that are competitive with the Company.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements and have the right, authority, and capacity to enter into this Agreement. If you do not meet all these requirements, you may not use or access the Services.
1.3 Changes to this Agreement
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
2. Access to the Services
2.1 Changes to Your Access and the Services
The Services may change from time to time as the Company evolves, refines, or adds more features, including updates to property search capabilities, AI-powered tools, and GoHighLevel CRM communications. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
2.2 Creating an Account
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service. All information that you provide will be governed by our Privacy Policy at bradenazhomes.com. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
2.3 Account Responsibilities
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements.
2.4 Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
3. Policy for Using the Services
3.1 Permitted Uses
You may use the Services for lawful purposes only and in accordance with this Agreement. Permitted uses include browsing Arizona property listings, requesting market analyses, scheduling property showings, communicating with our team, and engaging our licensed real estate representation services. You agree not to use the Services in any way that could damage the Services or general business of the Company.
3.2 Prohibited Activities
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
• No Violation of Laws or Obligations: Violate any applicable laws or regulations, including Arizona real estate laws, fair housing laws, intellectual property laws, or right of privacy or publicity laws, or any contractual obligations.
• No Fair Housing Violations: Engage in any conduct that violates the Fair Housing Act, the Arizona Fair Housing Act (A.R.S. Section 41-1491 et seq.), or any related anti-discrimination laws in connection with the use of our real estate services.
• No Unsolicited Communications: Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
• No Impersonation: Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others, including misrepresenting licensure status.
• No Harming of Minors: Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
• Compliance with Content Standards: Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
• No Interference with Others' Enjoyment: Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
• No Interference or Disabling of the Services: Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
• No Monitoring or Copying Material: Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means, including using robots, spiders, scrapers, or crawlers to mine data from the Website.
• No Viruses or Damaging Software: Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others.
• No Unauthorized Access: Violate the security of the Services through any attempt to gain unauthorized access, breach or circumvent encryption or security tools, or engage in data mining or interference with any server, computer, database, or network.
• No Reverse Engineering: Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information relating to the Services.
• No Collecting User Data: Collect, harvest, or assemble any data or information regarding any other user without their consent.
• No MLS Data Misuse: Use Arizona Regional Multiple Listing Service (ARMLS) data displayed on this Website for any purpose other than personal, non-commercial property search and research. Commercial redistribution of MLS data is strictly prohibited.
• No Other Interference: Otherwise attempt to interfere with the proper working of the Services.
3.3 Geographic Restrictions
The Company is based in the State of Arizona. The Services are primarily intended for use by persons located in Arizona and the United States who are interested in Arizona real estate. By choosing to access the Services from any location outside the United States, you accept full responsibility for compliance with all local laws.
4. Terms and Conditions of Sale
4.1 Real Estate Services
Real estate brokerage services provided by Braden Johnson PLLC are subject to Arizona real estate law, ADRE regulations, and the terms of any signed Buyer Representation Agreement, Listing Agreement, or other real estate service agreement entered into between you and the Company. In the event of a conflict between this Terms of Use Agreement and a signed real estate service agreement, the signed real estate service agreement shall govern with respect to the real estate transaction.
4.2 Purchasing Process for Other Services
For any non-brokerage products or services offered through the Website, the purchasing process includes the following steps:
• By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will specify their contact details and a payment method of their choice.
• After providing all required information, users must carefully review the order and confirm and submit it by using the relevant button or mechanism on the Website, accepting these Terms and committing to pay the agreed-upon price.
4.3 Order Submission
When you submit an order: (a) the submission of an order determines contract conclusion and creates for you the obligation to pay the price, taxes, and any further fees as specified on the order page; (b) in case the purchased Services require active input from you, the order submission creates an obligation for you to cooperate accordingly; and (c) upon submission of the order, users will receive a receipt confirming that the order has been received.
4.4 Prices
You are informed during the purchasing process and before order submission about any fees, taxes, and costs that you will be charged. Real estate commission structures are separately governed by applicable representation agreements and Arizona law.
4.5 Methods of Payment
Information related to accepted payment methods is made available during the purchasing process. All payments are independently processed through third-party services. The Website does not collect any payment information - such as credit card details - but only receives a notification once the payment has been successfully completed. Real estate transaction earnest money deposits and closing funds are handled separately through licensed Arizona title and escrow companies in accordance with Arizona law.
4.6 Retention of Usage Rights
You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.
5. Contract Duration
5.1 Subscriptions
Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
5.2 Fixed-Term Subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.
5.3 Automatic Renewal
Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance notice, outlining the procedure to be followed in order to cancel the automatic renewal.
5.4 Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or by using the corresponding controls inside the Website. Termination will be effective at the end of the current billing period.
5.5 Real Estate Representation Agreements
Buyer Representation Agreements, Listing Agreements, and other real estate service agreements have their own duration and termination provisions as required by Arizona law and as set forth in those signed documents. The termination provisions of this Section 5 do not govern real estate representation agreements.
6. Intellectual Property Rights
6.1 Ownership of Intellectual Property
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
6.2 MLS and Listing Data
Property listing data displayed on this Website may be sourced from the Arizona Regional Multiple Listing Service (ARMLS) or other licensed data providers. Such data is protected by copyright and is provided for your personal, non-commercial use only. You may not reproduce, redistribute, sell, or use MLS data for any commercial purpose without the express written consent of ARMLS and the applicable listing brokers.
6.3 License to Use the Services
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for personal real estate search and related purposes in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
6.4 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
• No Copying or Distribution: You shall not copy, reproduce, publish, display, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature of the Services when provided to you.
• No Modifications: You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
• No Exploitation: You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
• No Altering of Notices: You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
• No Competition: You shall not access or use the Content in order to build a similar or competitive website, product, or service.
• No Systematic Retrieval: You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory of the Content or other data from the Services.
6.5 Trademark Notice
All trademarks, logos, and service marks displayed on the Services, including the REALTOR® mark, are either the Company's property or the property of third parties including the National Association of REALTORS®. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
7. User Content
7.1 User Generated Content
The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services.
You are solely responsible for your User Content. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.
7.2 License
You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company's business.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to any User Content that contains any personally identifiable information.
7.3 Content Standards
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following Content Standards. User Content must not:
• Violate Laws or Obligations: Violate any applicable laws or regulations, including Arizona real estate laws, fair housing laws, or intellectual property laws.
• Fair Housing Violations: Contain any content that expresses a preference, limitation, or discrimination based on race, color, national origin, religion, sex, familial status, disability, or any other class protected under federal or Arizona fair housing laws.
• Promote Illegal Activity or Harm to Others: Promote any illegal activity or create any risk of harm, loss, or damage to any person or property.
• Infringe Intellectual Property Rights: Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
• Defamatory, Abusive, or Otherwise Objectionable Material: Contain any information or material that is unlawful, defamatory, trade libelous, invasive of another's privacy, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, or otherwise objectionable.
• Promotion of Sexually Explicit Material or Discrimination: Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Fraudulent Information or Impersonation: Contain information that is false, intentionally misleading, or otherwise likely to deceive any person, including misrepresentation of property features, values, or conditions.
7.4 Monitoring and Enforcement
We reserve the right at all times, but are not obligated, to: (a) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion; (b) remove or reject any User Content for any or no reason in our sole discretion; (c) disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request; and (d) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
8. Copyright Infringement (DMCA Policy)
The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company's policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated copyright agent:
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• A description of the copyrighted work that you allege has been infringed
• A description of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled
• A description of where the material that you claim is infringing is located
• Your contact information, including your address, telephone number, and email address
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Please note that pursuant to 17 U.S.C. Section 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated copyright agent: Contact us through our website at bradenazhomes.com.
9. Feedback to the Company
If you provide the Company with any feedback or suggestions regarding the Services, you hereby assign to the Company all rights in such feedback and agree that the Company shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate. The Company will treat any feedback that you provide as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
10. Real Estate Disclosures and Assumption of Risk
10.1 Not Legal or Financial Advice
The information presented on or through the Services, including property valuations, market analyses, neighborhood information, and AI-generated content, is made available for general informational purposes only and does not constitute legal, financial, tax, or investment advice. You should consult with qualified legal, financial, and tax professionals before making any real estate investment decisions.
10.2 Property Information Accuracy
While we strive to provide accurate and up-to-date Arizona property information, the Company does not warrant the accuracy, completeness, suitability, or quality of any property listing data, market analysis, valuation estimate, or other information displayed on or through the Services. Property information may change without notice. You should independently verify all property information before making any real estate decision. Any reliance on such information is strictly at your own risk.
10.3 MLS Data Disclaimer
Property listing data sourced from the Arizona Regional Multiple Listing Service (ARMLS) is deemed reliable but is not guaranteed. ARMLS data is provided for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties that consumers may be interested in purchasing or renting. Listing data is updated regularly but may not reflect the most current status of any property.
10.4 Arizona Market Conditions
Real estate market conditions in Arizona can change rapidly. Past performance, historical pricing data, and market trend information do not guarantee future results. Investment in Arizona real estate involves risk, and you assume all risk associated with any real estate decisions made based on information obtained through our Services.
11. Privacy
For information about how the Company collects, uses, and shares your information, including information collected through our GoHighLevel CRM platform, AI-powered tools, and SMS communications, please review our Privacy Policy at bradenazhomes.com.
SMS Data Protection: All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.
You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
12. GoHighLevel CRM Services
12.1 Third-Party Platform
We use GoHighLevel (GHL) as our CRM platform to manage client communications, automated SMS and email follow-up sequences, appointment scheduling, and marketing workflows. You acknowledge and agree that GoHighLevel CRM is a third-party platform. The actual software, servers, and infrastructure are owned and operated by HighLevel Inc.
12.2 SMS and Email Communications via GoHighLevel
By providing your phone number or email address and opting in to receive communications, you consent to receive SMS text messages and emails from us via the GoHighLevel platform. These communications may include:
• New Arizona property listing alerts matching your saved search preferences
• Appointment reminders for showings, consultations, and closings
• Real estate market updates and neighborhood information
• Transaction milestone notifications
• Follow-up messages and customer service communications
SMS Opt-In Confirmation: Upon opting in to receive SMS messages, you will receive a confirmation text acknowledging your enrollment and explaining how to opt out. Message and data rates may apply.
SMS Consent Language: By providing your phone number and opting in, you consent to receive recurring automated and non-automated SMS messages from Braden Johnson PLLC regarding Arizona real estate listings, market updates, appointment reminders, and related services. Consent is not a condition of purchase or representation. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help.
12.3 GoHighLevel Data Processing
When you interact with our GoHighLevel-powered communications, landing pages, or forms, your data (including name, phone number, email, and interaction data) may be processed and stored within the GoHighLevel platform according to GoHighLevel's own privacy policy and terms of service, in addition to our policies. You can review GoHighLevel's Privacy Policy at https://www.gohighlevel.com/privacy-policy.
12.4 Limitation of Liability for GoHighLevel Platform
We are not responsible for any issues, outages, data breaches, or other problems that may occur with the GoHighLevel platform. This includes but is not limited to service interruptions or downtime, data loss or corruption, security breaches or unauthorized access to data, changes to the GoHighLevel platform's features or functionality, and any other technical issues related to the GoHighLevel platform.
12.5 Support for Platform Issues
For any issues related to the core functionality of the GoHighLevel platform, you acknowledge that you may need to contact GoHighLevel directly at gohighlevel.com.
12.6 Service Continuity
We cannot guarantee the continued availability of the GoHighLevel platform or its features, as these decisions are made by HighLevel Inc. and are beyond our control.
12.7 Acceptance of Risk
By using our GoHighLevel-powered communications and CRM services, you accept all risks associated with using a third-party platform and agree to hold us harmless for any issues arising from the GoHighLevel platform, services, or decisions.
13. AI Technologies and Services
13.1 AI-Powered Features
Our Services may include or incorporate artificial intelligence (AI) technologies to enhance your Arizona real estate experience, including but not limited to:
• AI-powered text and voice agents for real estate inquiries and customer support
• Automated property matching and listing recommendations based on your preferences
• AI-enhanced market analysis, property valuation support, and CMA assistance
• AI-driven quality assurance systems for client communications via GoHighLevel
• Natural language processing capabilities for property search and inquiries
• Voice recognition and speech-to-text conversion for AI voice agent interactions
13.2 Your Interactions with AI Systems
By using our AI-powered features, you acknowledge and agree that:
• You may be interacting with automated AI systems rather than human agents in some instances
• AI-generated responses and content are created through algorithmic processes
• AI systems may analyze patterns in your data and interactions to provide personalized real estate recommendations
• We will clearly disclose when you are interacting with an AI system versus a licensed human agent
• You can request human intervention and licensed REALTOR® review at any point during AI interactions
• AI tools do not replace the judgment of a licensed Arizona REALTOR® and are intended to assist, not supplant, professional real estate guidance
13.3 Data Collection for AI Systems
Our AI systems collect and process data from your interactions with our Services. This includes text inputs and responses in chats or messages, voice recordings when you use voice-enabled features, usage patterns and property search preferences, content you create or share through our Services, and technical information about your use of the Services. All data collection and processing for AI purposes is subject to our Privacy Policy.
13.4 AI Training and Improvement
You acknowledge and agree that we may use data from your interactions with our Services to train, improve, and develop our AI systems, subject to the following conditions:
• We will anonymize and aggregate data when possible to protect your privacy
• We implement appropriate security measures to protect any data used for AI training
• We will not use your confidential real estate transaction information to train AI systems without your explicit consent
• You can opt out of having your data used for AI training by contacting us through the website
13.5 AI-Generated Content
When our Services generate content using AI technologies:
• We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content, including property valuations, market analyses, or neighborhood summaries
• You are responsible for reviewing and verifying any AI-generated content before using it for real estate decisions or other purposes
• AI-generated content does not constitute professional real estate, legal, financial, or tax advice
• We reserve the right to monitor and moderate AI-generated content
• We may remove any AI-generated content that violates our policies or applicable laws
13.6 AI Voice Technologies
When using our AI voice technologies and services:
• Voice recordings may be processed to provide the requested service and to improve our systems
• You will be notified before voice recording begins
• Voice data may be transcribed into text for further processing
• We implement security measures to protect voice data from unauthorized access
• You can request deletion of your voice recordings by contacting us through our website
13.7 Intellectual Property for AI-Generated Content
With respect to content generated by our AI technologies:
• The Company retains all intellectual property rights in the AI systems and technologies themselves
• For content generated by our AI systems based on your inputs or instructions, you receive a non-exclusive, worldwide, royalty-free license to use such content for your personal real estate purposes
• You may not claim ownership of the underlying AI algorithms or models
• We reserve the right to generate similar content for other users
• You are responsible for ensuring your use of AI-generated content does not infringe third-party rights
13.8 AI Usage Limitations
You agree not to use our AI technologies to:
• Generate, upload, or distribute content that violates our Content Standards, applicable laws, or fair housing regulations
• Create deepfakes or other misleading synthetic media without proper disclosure
• Impersonate individuals, including licensed real estate agents, without their consent
• Engage in automated spamming or harassment
• Attempt to manipulate, test boundaries, or evaluate the AI systems in ways that could cause harm
• Attempt to extract training data, model parameters, or proprietary information
• Use the AI systems to develop competing real estate products or services
13.9 Transparency and Human Oversight
We are committed to responsible AI use in our real estate practice, including:
• Clear disclosure when content is AI-generated or when you are interacting with AI systems
• Maintaining human oversight and supervision of our AI systems by licensed Arizona real estate professionals
• Regular evaluation and testing of AI systems for bias, safety, fair housing compliance, and security
• Providing mechanisms for you to report concerns about AI-generated content or interactions
• Offering options to request human and licensed REALTOR® intervention when interacting with AI systems
13.10 Changes to AI Technologies
Our AI technologies are continuously evolving. We reserve the right to modify, update, or discontinue any AI features without prior notice; change how our AI systems process or use data; introduce new capabilities or restrictions to our AI features; and adjust pricing for AI-powered features as technology and costs evolve. We will notify you of significant changes through updates to these Terms or direct communications.
13.11 Third-Party AI Technologies
Some of our AI-powered features may incorporate technologies from third-party providers. When using these features, your data may be processed according to both our terms and the third-party provider's terms. We have agreements with third-party AI providers to protect your data. We are not responsible for changes, discontinuations, or issues caused by third-party AI providers.
13.12 Assumption of Risk for AI Technologies
You acknowledge and accept that AI technologies are rapidly evolving and may contain errors or limitations; AI systems may occasionally produce unexpected, inaccurate, or inappropriate outputs; the use of AI-generated content or decisions based on AI recommendations are at your own risk; and you will exercise appropriate caution and judgment when using AI-generated content, particularly in connection with significant real estate decisions.
14. Termination
14.1 Termination
The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
14.2 Effect of Termination
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. Termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases. Termination of this Website Terms of Use Agreement does not terminate any signed real estate representation agreement, which shall remain in effect according to its own terms.
15. No Warranty
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT, INCLUDING ARIZONA PROPERTY DATA AND MLS INFORMATION, IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
16. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO THE WEBSITE SERVICES AND DOES NOT LIMIT LIABILITY ARISING FROM LICENSED REAL ESTATE BROKERAGE SERVICES, WHICH ARE SEPARATELY GOVERNED BY ARIZONA LAW AND ANY SIGNED REPRESENTATION AGREEMENTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
18. Disputes
18.1 Governing Law
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any conflict of law principles. Any disputes arising from licensed real estate brokerage services in Arizona are also subject to applicable ADRE regulations and Arizona real estate law.
18.2 ADRE Dispute Resolution
As a licensed Arizona real estate professional, Braden Johnson PLLC is subject to the regulatory jurisdiction of the Arizona Department of Real Estate (ADRE). Complaints regarding the conduct of a licensed real estate professional may be submitted to the ADRE. Nothing in this Agreement limits your ability to file a complaint with the ADRE regarding licensed real estate activities.
18.3 Dispute Resolution and Mandatory Arbitration
BY PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU EXPRESSLY AGREE THAT YOU WILL RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY LAWSUIT AGAINST THE COMPANY.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") SHALL BE SETTLED BY BINDING ARBITRATION and not in a court of law. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the State of Arizona, United States. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be final and binding on all parties and may be entered and enforced in any court of competent jurisdiction.
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.4 Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
19. Miscellaneous
19.1 Waiver
No failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
19.2 Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
19.3 Entire Agreement
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties. This Agreement does not supersede any signed real estate representation agreement, buyer agreement, or listing agreement, which shall govern the specific real estate transaction to which they relate.
19.4 No Agency, Partnership or Joint Venture
No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever. Nothing in this Agreement creates an agency relationship between you and Braden Johnson PLLC beyond the scope of any separately executed real estate representation agreement.
19.5 Assignment
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.
19.6 Force Majeure
The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts beyond the Company's reasonable control, including acts of God, flood, fire, earthquake, explosion, epidemic or pandemic, war, terrorist threats or acts, riot or other civil unrest, government order, law, or actions, strikes, shortage of adequate power or telecommunications facilities, or any other similar events.
19.7 Compliance with Laws
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services, including Arizona real estate laws and the federal Fair Housing Act.
19.8 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
20. SMS/Text Messages
20.1 SMS Program Description
Our SMS program, operated through the GoHighLevel CRM platform, provides text messages for Arizona property listing alerts, appointment reminders, real estate market updates, transaction notifications, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services and transaction activity.
20.2 Opting Out
You can cancel the SMS service at any time. Simply text "STOP" to the number from which you receive messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially or text "START" to resume receiving messages.
20.3 Help and Support
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or contact us through our website at bradenazhomes.com.
20.4 Carrier Liability
Carriers are not liable for delayed or undelivered messages.
20.5 Message and Data Rates
Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
20.6 Recurring Messages Disclosure
By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on your service selection, you may receive regular recurring messages regarding Arizona property listings and real estate updates. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services, or as a condition of real estate representation.
20.7 Prohibited Content
Our SMS messages will never contain:
• Phishing attempts, smishing, or social engineering to manipulate you into sharing private information
• Illegal content (all content complies with federal and state laws, including Arizona real estate law and the Fair Housing Act)
• SHAFT content (sex, hate, alcohol, firearms, and tobacco) that does not follow federal and state law and regulations
20.8 SMS Opt-In Data Protection
All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. This is a strict requirement under our GoHighLevel platform agreement and applicable law.
20.9 TCPA Compliance
We comply with the Telephone Consumer Protection Act (TCPA) in all SMS and automated communications. Our GoHighLevel CRM platform is configured to support full TCPA compliance, including obtaining express written consent before sending automated SMS messages, honoring opt-out requests immediately, not sending SMS messages outside of permitted hours (8:00 AM to 9:00 PM recipient's local time), maintaining records of all consent and opt-out activity, and not sending SMS messages to numbers on the National Do Not Call Registry without prior express written consent.
21. Additional Protections and Liability Waivers
21.1 Data Security Standards
The Company implements reasonable security measures to protect your personal information in accordance with industry standards. However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
21.2 Service Level Commitment
While the Company strives to maintain reliable availability of the Services, we do not guarantee uninterrupted access to the Services and shall not be liable for any downtime or service interruptions, including interruptions caused by the GoHighLevel platform or other third-party service providers.
21.3 Refund Policy
Unless otherwise specified at the time of purchase, all sales are final and non-refundable. In cases where a refund is granted at the Company's sole discretion, the refund will be issued using the original payment method. Real estate commissions and fees are separately governed by applicable representation agreements and Arizona law.
21.4 Account Information Updates
You are responsible for promptly updating your account information if there are any changes to your contact information or billing information. Keeping your contact information current is especially important to ensure you receive timely notifications about Arizona property listings and real estate transaction updates.
21.5 Waiver of Right to Sue
BY PURCHASING OR USING OUR PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO SUE THE COMPANY IN COURT OR PARTICIPATE IN A CLASS ACTION LAWSUIT. You understand and agree that all disputes will be resolved exclusively through binding arbitration as described in Section 18.3. This waiver is intended to protect the Company from all forms of litigation, including predatory lawsuits and frivolous claims.
21.6 Protection Against Vexatious Litigation
You agree not to bring, participate in, or support any vexatious, frivolous, or predatory litigation against the Company. Any attempt to circumvent the arbitration provision through such litigation shall entitle the Company to recover all legal costs, attorney's fees, and expenses associated with defending against such actions, regardless of the outcome.
21.7 Covenant Not to Sue
You covenant and agree that you will not sue or file any action, claim, or legal proceeding against the Company or its employees, officers, directors, affiliates, or agents in any jurisdiction for any claims arising out of or in connection with your use of the Services, this Agreement, or any other matter related to the Company's products or services, except as expressly permitted under applicable Arizona real estate law or ADRE regulations.
21.8 Acknowledgment
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
22. Arizona Fair Housing Compliance
Braden Johnson PLLC is committed to full compliance with all applicable federal and Arizona fair housing laws, including the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) and the Arizona Fair Housing Act (A.R.S. Section 41-1491 et seq.). We do not discriminate in the provision of real estate services or the display of property information based on race, color, national origin, religion, sex, familial status, disability, or any other class protected under applicable law.
If you believe you have experienced a fair housing violation in connection with our services, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD) at hud.gov/fairhousing or the Arizona Attorney General's Civil Rights Division.
23. Contact Information
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 8. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
Braden Johnson PLLC
Licensed Arizona REALTOR®
To opt out of SMS: Reply STOP to any text message, or contact us via the website.
Last Updated: March 5, 2025