TERMS AND CONDITIONS

OF

HOMEOWNER GUARANTEE

 

  1. You (also referred to herein as “Homeowner” or “You”) understand that Trinity Peaks Investments, LLC, a Colorado limited liability company, d/b/a The Johnson Team (the “Company”) offers to homeowners who hold fee simple ownership in a primary residence a guarantee related to certain products or services provided by specific Affiliate Businesses (other than lenders, appraisers or inspectors) of the Company, as such Affiliate Businesses are identified as such on the Company’s website.
  2. You hereby represent and warrant that You are the fee simple owner of the real property located in El Paso County, Colorado (the “Property”) for which you desire to have services performed or products provided by an Affiliate Business and that such Property is your primary residence. For purposes hereof “primary residence” means the place in which Your habitation is fixed for the term of this guarantee and is occupied by You continuously for the term of this guarantee.
  3. The Company is willing to grant You the exclusive opportunity to take advantage of the Company’s guarantee for the use of an Affiliate Business, subject to the terms and conditions set forth herein (the “Terms and Conditions”).
  4. By agreeing to these Terms and Conditions, You understand that You are NOT REQUIRED to use the listed Affiliate Businesses as a condition for any purchase, sale, or refinance of the Property. THERE ARE MANY OTHER SERVICE AND PRODUCT PROVIDERS AVAILABLE WITH SIMILAR SERVICES AND PRODUCTS. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND PRODUCTS AND THE BEST RATE FOR THESE SERVICES AND PRODUCTS.
  5. You understand that if You qualify for the guarantee by the Company, the Company will provide You up to a Three Hundred Dollar ($300.00) guarantee for any products or services provided by an Affiliate Business with respect to the Property, not to exceed the total value of the contracted services and/or product and not to exceed One Thousand Dollars ($1,000.00) in the aggregate during any 365 day period (ie. Homeowner may only claim a guarantee for 4 different Affiliate Businesses at $250 each or 3 different Affiliate Businesses for $333 each or five Affiliate Business at $200 during any 365 day period, understanding that claims under the guarantee shall not exceed the total value of the services and/or product You contracted with the respective Affiliate Business to receive pertaining to the Property). If you receive any refunds or additional discounts from the Affiliate Business for the products and/or services provided with respect to the Property for which you seek the guarantee, such amounts will be deducted from the amount paid by the Company with respect to the guarantee.
  6. The guarantee will only be paid by the Company to You if: (i) You did not already receive the refund or discount from the Affiliate Business for the products and/or services provided with respect to the Property for which you seek the guarantee, (ii) You were not, in good faith, satisfied with the products and/or services You received with respect to the Property and to which the guarantee applies, (iii) You have otherwise complied with these Terms and Conditions, and (iv) You and the Property qualify for the guarantee under these Terms and Conditions.
  7. You understand and agree that in the event You receive a refund from an Affiliate Business for services and/or products for which You received a guarantee payment by Company under these Terms and Conditions, you will promptly refund to the Company all monies paid by the Company to You pursuant to the guarantee and these Terms and Conditions.
  8. You understand and agree that the guarantee hereunder will terminate at such time that: (i) You no longer own the Property or utilize the Property as your primary residence, (ii) the Company notifies You that the guarantee is terminated for any reason, and/or (iii) the Company terminates its guarantee program with respect to the Affiliate Businesses and posts notice of the same on its website.
  9. You understand and acknowledge that the Company makes no warranties or guarantees beyond the guarantees explicitly stated herein and does not make any representations about products, goods or services provided by any Affiliate Businesses. Further, you hereby agree to indemnify, protect, defend and hold harmless the Company and its owners, employees, agents and representatives, from and against any and all claims, damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with any contract between you and any Affiliate Businesses.
  10. You understand and agree that if a claim or dispute arises with respect to the guarantee provided under these Terms and Conditions, the Company will be awarded all reasonable costs and reasonable expenses, including, but not limited to, attorney’s fees and dispute costs, related to the claim or dispute if the Company is the prevailing Party. If You are the prevailing party, You will be entitled to recoup a maximum of $1,000, inclusive of the reasonable costs, reasonable expenses and attorney’s fees incurred by You in connection with such dispute.
  11. You understand and agree that the Company may amend these Terms and Conditions at any time upon notice to You and such modification will be effective immediately upon Company sending such notice to You or posting notice of such modification on the Company’s website.
  12. You understand and agree that no waiver by the Company of any breach by You of any provisions of these Terms and Conditions will be deemed a waiver of any preceding or succeeding breach of the same or any other provisions.
  13. In the event of a dispute between the parties arising hereunder, the parties shall first attempt to resolve the dispute by mediation.  If mediation is not successful then the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association, and such arbitration shall be held in Colorado Springs, Colorado.  The arbitrator shall be required to provide a reasoned decision based upon Colorado law.