Terms & Conditions

Last Updated: June 1, 2026

PLEASE READ THESE TERMS CAREFULLY.

These Terms of Use (“Terms”) govern your access to, and use of the websites and applications operated by [The Institute for Luxury Home Marketing. LP], together with its affiliates, subsidiaries, successors, and assigns (collectively, “Company” or “The Institute”) (collectively, the “Website”) and form a legally binding agreement between you and Company.

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

If you create an account, subscribe to, or otherwise access any products or services that are subject to a separate agreement (including an End User License Agreement), that agreement will also govern your use of those products or services and will control in the event of any conflict with these Terms. In order to subscribe to, or to use, Company products and services, you must be a licensed real estate professionals to be eligible to register for the product and services offered by us including The Institute's Luxury Home Marketing Training; be an individual at least 18 years of age or older and have the power and authority to enter into binding agreements with us without restriction under applicable law. Any use or access by anyone under the age of 13 is strictly prohibited.

IMPORTANT NOTICE: THESE TERMS INCLUDE LIMITATIONS ON COMPANY’S LIABILITY, DISCLAIMERS OF WARRANTIES, AND A WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. CERTAIN DISPUTES MAY ALSO BE SUBJECT TO BINDING ARBITRATION AND OTHER DISPUTE-RESOLUTION TERMS UNDER THE END USER LICENSE AGREEMENT, WHERE APPLICABLE. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY.

Eligibility

You represent and warrant that: (i) you are a licensed real estate professional; (ii) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction); and (iii) you have the legal capacity to enter into these Terms. If you access or use the Website on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind such entity to these Terms, and you agree to these Terms on behalf of such entity.

Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to misuse the Website or any content made available through it, including without limitation text, graphics, images, audio-visual materials, software, designs, layout, look and feel, trademarks, service marks, logos, and other materials (collectively, “Content”), including but not limited to:

use the Website in any manner that violates applicable law or regulation;
interfere with, disrupt, or impair the operation, presentation, or security of the Website or any Content made available through it;
attempt to gain unauthorized access to any portion of the Website, any accounts, or any systems or networks connected to the Website;
use automated means (including bots, scrapers, or similar tools) to access or collect information from the Website without Company’s prior written consent;
frame, mirror, or otherwise incorporate the Website or any portion thereof into any other website, application, or service;
introduce any viruses, malware, or other harmful or disruptive code; or
use any manual or automated process to monitor, extract, or collect Content or data from the Website for any unauthorized purpose.

User Content

To the extent the Website permits users to submit, post, upload, transmit, or otherwise make available content or materials (“User Content”), you are solely responsible for your User Content and any consequences of making it available. By submitting User Content, you grant Company a non-exclusive, worldwide, royalty-free, transferable, and sublicensable right to use, host, store, reproduce, modify, display, and distribute such User Content in connection with operating, providing, and improving the Website. You represent and warrant that you have all rights necessary to submit the User Content and that such User Content does not violate any applicable law or third-party rights. You agree not to submit User Content that is unlawful, harmful, abusive, defamatory, or otherwise objectionable. Company reserves the right, but does not undertake any obligation, to monitor, review, remove, or disable access to any User Content in its sole discretion.

AI and Automated Use

Except as otherwise authorized in the next paragraph, you may not, directly or indirectly use, input, upload, submit, disclose, or otherwise make available any Content or data from the Website in connection with any artificial intelligence, machine learning, large language model, or other automated tool or technology (including any generative AI system) (collectively “AI Tools”) for any purpose, including to train, fine-tune, evaluate, or otherwise develop or improve such technologies, or to generate outputs, summaries, or derivative works. You may not use any such AI Tools to access, extract, scrape, reproduce or analyze Content or data from the Website, or otherwise permit Content or data from the Website to be processed by such technologies. You may not use the Website or any Content in a manner that exceeds the limited rights expressly granted under these Terms or that is inconsistent with applicable law.

The Website may include certain features, such as chatbot or agent functionality, that use or leverage applications, software, products, or services provided by Company or third parties that utilize AI Tools (“Embedded AI Tools”). Any User Content submitted through the Embedded AI Tools provided through the use of this Website may be transmitted to and processed by such Embedded AI Tools, including third-party providers thereof. In response, the Embedded AI Tools may generate suggested text, information, analyses, results, content, recommendations, and other materials (collectively, “Output”), and that, given the probabilistic nature of artificial intelligence technology, the Output may be inaccurate or inappropriate in response to the input provided. Any and all decisions made by you in reliance on any Output are made at your own risk and Company shall have no responsibility or liability arising therefrom. You are solely responsible for evaluating the accuracy, completeness, and suitability of the Output for your intended use cases, and subjecting the Output to appropriate quality control procedures, including human review and verification. You understand that other users of the Embedded AI Tools may provide similar or identical input and may receive Output that is similar or identical to Output.

Additional Terms for Products and Services

Certain features, products, or services made available through the Website may be subject to additional terms, including Company’s End User License Agreement, available at [URL] (“EULA”) and Refund Policy, available here (the “Refund Policy”). If you create an account, purchase, subscribe to, or otherwise access such features, products, or services, you will be required to review and agree to those additional terms at the time of such action. In the event of conflict between these Terms and the EULA, the EULA will control with respect to the applicable products or services.

Products and Services

I. Instructor-Led Training Formats

The Institute offers instructor-led Luxury Home Marketing Training in the following delivery formats:

a. “Luxury Live” In-Person Training. “Luxury Live Training” means scheduled, instructor-led training conducted at a physical location identified on the applicable course registration page or in other course communications. Registrants are responsible for arranging and paying for their own transportation, lodging, meals, parking, and other expenses associated with attending the training, unless expressly stated otherwise by The Institute.

b. Livestream Training. “Luxury Livestream Training” means scheduled, instructor-led training delivered in real time through an online meeting, webinar, learning, or videoconferencing platform designated by The Institute. Livestream Training is not self-paced training and may not be available as a recording. Registrants are responsible for providing a compatible device, reliable internet connection, audio and video capabilities, and any other technology reasonably necessary to access and participate in the training.

Luxury Live Training and Luxury Livestream Training are collectively referred to as “Training”.

The dates, times, duration, instructor, curriculum, location, delivery platform, attendance requirements, and other details applicable to a Training will be identified on the applicable Training registration page or in related course communications. The Institute may make reasonable changes to such details, including substituting instructors, modifying course content or schedules, changing venues or technology platforms, or converting a Luxury Live Training to a Luxury Livestream Training when reasonably necessary.

Host Firms

In addition to The Institute, certain Training sessions may be hosted by a real estate brokerage, firm, school, association, franchise, or other third-party organization identified as the “Host” on the applicable registration page (each a “Third-Party Host”).

A Third-Party Host may assist with promoting or coordinating the training, arranging a physical training location, facilitating participation by its affiliated real estate professionals, or providing other administrative or logistical support. The Third-Party Host may limit registration to individuals affiliated with the Host or may make the training available to the general public. Registration fees, eligibility requirements, included benefits, and other terms may differ depending on whether a registrant is affiliated with the Third-Party Host.

Unless expressly stated otherwise, The Institute is responsible for providing the Training curriculum and instructor. The identification of a third-party organization as a “Host” does not mean that the Host developed, endorses, certifies, accredits, or is responsible for the training, and does not create a partnership, joint venture, agency, employment, or other legal relationship between The Institute and the Host.

Auditing

Marketing Directors and Branch/Sales managers of the Third-Party Host (“Auditors”) may audit a Training hosted by their firm. Auditors may be required to pay a fee which is determined by the Third-Party Host and may vary per Training course. An attendance count and list of Auditors must be provided to The Institute in advance of the applicable Training course. Auditors will not receive Institute Membership as a result of attending a Training course for audit purposes.

Active Members of The Institute may audit any Training in the sole discretion of The Institute or the Third-Party Host, as the case may be. The Host organization (including the Institute as a Host) will determine the fee for auditing attendance. Auditing a Training course does not extend an Active Member's membership term with The Institute.

Disruptive Conduct

The Institute reserves the right to deny admission to or remove any attendee of the Training whose conduct, in The Institute's sole discretion, is disruptive, disorderly, threatening, abusive, unsafe, unlawful, or interferes with the enjoyment, safety, or rights of other attendees, instructors, or personnel of The Institute, a Third Party Host or any venue. An attendee may also be removed for failing to comply with the policies or the reasonable instructions of The Institute. Any attendee removed under this provision will not be entitled to a refund and may be prohibited from attending future training events or sessions.

II. Luxury Online Training

The Institute offers Luxury Home Marketing Training through an asynchronous delivery format. Luxury Online Training. “Luxury Online Training” and “Advanced Online Training” means The Institute’s self-paced training delivered through prerecorded courses, modules, presentations, videos, assessments, or other online instructional materials made available through The Institute-designated learning platform. Online Training does not include live instruction and may be accessed and completed by the registrant at the registrant’s own pace during the applicable access period. Registrants are responsible for providing a compatible device, reliable internet connection, and any software or technology reasonably necessary to access and complete the training. Access is provided solely to the registered individual.

Registration and payment for either the Luxury Online or Advanced Online training gives the registrant permission to access the training and related materials for personal use. Registrants will have access to their training for 180 days from the date of purchase. Registrants may exit and re-enter the course at the point where they stopped. Registrants who do not complete the training within the allotted 180 days will not be granted Institute Membership. In the event of such non-completion, a registrant may opt to purchase a training extension for an additional 180 days.

Completion requires satisfaction of all requirements established by The Institute, which may include viewing required content, completing course modules or assessments, obtaining a passing grade of at least eighty (80%) percent on chapter quizzes. Upon successful completion of the training, a registrant will become a Member of The Institute.

III. Luxury Live, Luxury Livestream and Online Training Registration and Attendance

Registration for Luxury Live, Luxury Livestream and Online Training courses is completed online. For Luxury Live Training, walk-ins are accepted on a space-available basis. Registration is valid only for the individual identified during registration and may not be transferred, shared, reproduced, broadcast, recorded, or made available to another person without The Institute’s prior written consent. Registrants must comply with all attendance, participation, conduct, identification, and technology requirements communicated by The Institute.

Luxury Live and Luxury Livestream Training will be closed when registration reaches room capacity or when Host Firm (defined below) preferred attendance capacity is met.

Registration for or completion of training in any modality, does not guarantee continuing-education credit, professional licensure credit, certification, designation, Institute Membership status, business results, transactions, listings, commissions, or other professional outcomes. Eligibility for continuing-education credit, Institute Membership, or any certification or designation is governed by the requirements applicable to the particular course, jurisdiction, certification, designation or Institute Membership. Registrants who miss more than thirty (30) minutes of Luxury Live and Luxury Livestream Training will not be eligible to earn Institute Membership.

Luxury Online and Advanced Online Training are not approved for state continuing education credit or for credit toward The National Association of Realtors® Certified Residential Specialist (CRS) designation.

Privacy Policy

Your access to and use of the Website is also subject to Company’s Privacy Policy, available here (the “Privacy Policy”), which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and disclose information, including through cookies and similar technologies. By using the Website, you acknowledge that you have read and understand the Privacy Policy. To the extent of any conflict, these Terms govern access to and use of the Website, and the Privacy Policy governs data collection and processing practices.

Membership

The Institute offers membership to active licensed real estate professionals, Realtors®, members of NAHB, and ICREA-affiliated sales agents worldwide who successfully complete The Institute’s required Luxury Home Marketing Training (“Institute Membership”). Institute Membership includes access to the Member Portal and Member-only tools, resources, market reports, educational content, marketing benefits, and networking opportunities made available by The Institute from time to time. The availability, content, features, providers, and terms of Institute Membership benefits may change, be replaced, or be discontinued at any time.

Institute Membership is personal to the individual Member and may not be transferred, assigned, shared, or used by another person. Members must maintain any required professional license or other eligibility qualifications and comply with these Terms and all Institute Membership policies established by The Institute, as may be amended or supplemented from time to time.

Institute Membership is separate from any certification, designation, or recognition offered by The Institute. Becoming or remaining a Member does not automatically confer the Certified Luxury Home Marketing Specialist™ designation, GUILD™ recognition, GUILD Elite™ designation, or any other professional credential. Each designation or recognition is subject to separate eligibility, experience, transaction, documentation, application, review, and approval, requirements. See, Section titled “Earning Your Designations” for further information.

Active Institute Membership is required to apply for and maintain The Institute’s professional designations, but Institute Membership itself does not confer the CLHMS™, GUILD™, or GUILD Elite™ designation.

Institute Membership does not guarantee listings, transactions, commissions, referrals, increased revenue, professional advancement, or any other business result.

Institute Membership is subject to automatic renewal. See Section titled, “Subscription Automatic Renewals”.

Subscription Automatic Renewals

When you choose to complete your purchase for Institute Membership, you will be enrolled in a one-year subscription with automatic renewal. There will be a one-time fee paid upfront for the full annual term. Following the end of the full year term, the subscription will automatically renew for another year and on the same terms and conditions except that the price charged to you for the renewal will be the retail price then published by Company on its website (inclusive of any published discount). Renewal fees as of the date of these Terms are set out below but as subject to change in accordance with the retail pricing published by The Institute on your then current renewal date. For the avoidance of doubt, the month in which you complete the Luxury Home Marketing Training will set your Institute Membership renewal date. For instance, if you completed the required training anytime during the month of January, the renewal date would be the last day of January the following year. In some instances, this date may change based on Institute Membership reinstatement.

Prior to automatic renewal, you may cancel the automatic renewal feature at any time through the self-serve options on your Institute Membership Portal or by emailing us at membership@luxuryhomemarketing.com. Canceling will end the automatic renewals of your Institute Membership and the cancellation will be effective immediately when you give proper cancellation notice. Fees are non-refundable except as otherwise provided in the Refund Policy.

Renewal fees as of the date of these Terms are as follows:

Standard Renewal for $295
Featured Member Upgrade Renewal for $595 (only available to those who have earned the CLHMS designation)
GUILD Elite Renewal for $795 (only available to those who have earned the GUILD Elite designation)

Member accounts that have lapsed more than 30 days past their Renewal Date are subject to an additional $50 reinstatement fee. This fee is subject to change, and The Institute may, from time to time, waive the reinstatement charge or late fees at its sole discretion.

For any recurring payments, you may be asked to authorize The Institute to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you cancel your subscription, and to pay any charges so incurred. If you are billed through an invoice, full payment for invoices issued by The Institute in any given month must be received by The Institute thirty (30) days after the mailing date of the invoice, or any access to the products or services may be terminated. Unpaid invoices or failed payments are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

This section applies to everyone who interacts with Company’s social media presence including social media features on Company products and services (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“External Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor the Privacy Policy apply to the External Social Media Presence. The sites and platforms that host the External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Company. Comments that some would consider inappropriate or offensive may appear on the Internal Social Media Features as well as the External Social Media Presence and may remain there until they have been identified by us or called to Company’s attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on the External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features, it should be reported directly to us via the contact information below.

Intellectual Property and Use Restrictions

The Website and all Content made available through it, including without limitation text, graphics, images, audio-visual materials, software, designs, layout, look and feel, trademarks, service marks, logos, and other materials) are owned by or licensed to Company and are protected by applicable intellectual property laws. Company reserves all rights not expressly granted in and to the Website and the Content. Subject to your compliance with these Terms, you may access and use the Website and Content solely for your personal, non-commercial use. Any other use is strictly prohibited. You may not copy, reproduce, distribute, modify, or create derivative works from, publicly display, transmit, or otherwise exploit any Content, in whole or in part, or make any Content available on any other website, platform, or medium, without Company’s prior written consent. Any unauthorized use of the Website or Content may result in the suspension or termination of your access and may violate applicable laws.

Communications

Autodialed or Pre-recorded Calls and SMS Messaging

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection with our Services, you represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from The Institute for Luxury Home Marketing so that The Institute for Luxury Home Marketing may deliver or cause to be delivered, to you at the telephone number provided by you to The Institute for Luxury Home Marketing telemarketing, promotional, informational, and transactional calls and text messages using an automatic telephone dialing system or an artificial or prerecorded voice. Message and data rates may apply. Text message and call frequency varies. You can opt-out of receiving calls and text messages at any time by replying “STOP” or by contacting The Institute for Luxury Home Marketing at info@luxuryhomemarketing.com and letting Company know you want to opt-out of receiving calls and/or text messages from The Institute for Luxury Home Marketing in the future. You may reply “HELP” to a text message for help. All calls may be recorded for quality and training purposes. You also acknowledge and agree that your consent to receive such calls and text messages is not required to purchase any property, goods, or services from The Institute for Luxury Home Marketing.

Email Communications

You are also authorizing the Company to send you commercial, promotional, and transactional emails to the email address you provided to the Company. To opt-out of receiving emails from us in the future, please follow the opt-out instructions at the bottom of our emails or by contacting us at [insert email address and telephone number monitored for opt-outs] to let us know you want to opt-out of receiving emails from us in the future. See our Privacy Policy available here and these Terms.

Availability and Changes to Website

The Website may be unavailable from time to time due to maintenance, updates, technical issues, or other reasons. Company does not guarantee that the Website, or any Content or functionality, will be available, uninterrupted, secure, or error-free. Company reserves the right, at any time and in its sole discretion, to modify, suspend, discontinue, or remove the Website, or any portion thereof, including any Content, features, or functionality, with or without notice and without liability to you.

Third-Party Links and Content

The Website may contain links to third-party websites or services, including websites operated by Company’s affiliates. Except as expressly stated, Company does not control and is not responsible for the content, policies, or practices of websites or services not operated by Company, and your use of any such websites or services is at your own risk and subject to the terms and policies of such websites or service providers. Websites operated by Company or its affiliates may be governed by separate terms of use and privacy policies, which will apply when you access or use those websites. Access to such websites may require your acceptance of applicable terms. Company does not investigate, monitor, or verify the accuracy, completeness, or quality of any third-party content. The inclusion of any link does not imply endorsement, sponsorship, or approval by Company of such third-party websites or any content, products, or services available through them. These Terms and the Privacy Policy do not apply to third-party websites or services. You should review the applicable terms and privacy policies before using any such websites or services.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS OR COMPLETION AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DO NOT WARRANT THAT THE CONTENT, THE INFORMATION CONTAINED ON THE WEBSITE OR THE COMPLETION OF ANY COURSE, PROGRAM OR SIMULATED EXAMINATION WILL EITHER ASSURE A PASSING GRADE ON A LICENSING EXAMINATION OR SATISFY ANY REQUIREMENTS, STATUTORY, REGULATORY OR OTHERWISE CONCERNING CONTINUING EDUCATION AS THE CASE MAY BE. YOU SOLELY BEAR THE RISK WITH RESPECT TO YOUR INDIVIDUAL ABILITY TO OBTAIN A PASSING GRADE ON A LICENSING EXAMINATION OR WITH RESPECT TO YOUR INDIVIDUAL COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS. THE WEBSITE AND CONTENT ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, BUSINESS AND UNIVERSITY PARTNERS AND SPONSORS, SERVICE PROVIDERS, CONTRACTOR AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR FIFTY ($50.00) DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. No claim may be brought more than one (1) year after accrual of such claim.

Indemnification

You agree, at Company’s option, to defend, indemnify, and hold harmless Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents, from and against any claims, demands, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your access to or use of the Website; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; (iv) your infringement or misappropriation of any third-party rights; or (v) any User Content you submit, post, or transmit through the Website.

Monitoring, Suspension, and Termination

Company reserves the right, but does not undertake any obligation, to monitor, review, and investigate your use of the Website for compliance with these Terms and applicable law. Company may, in its sole discretion, suspend, restrict, or terminate your access to all or any portion of the Website at any time, with or without notice, for any reason, including if Company believes you have violated these Terms. Company may also remove or disable access to any content or materials or take any other actions it deems appropriate to protect the Website, Company, or other users.

Agreement to Arbitrate

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, ANY CONTENT, CERTIFICATION, OR INTERACTION WITHIN THE SERVICES, AND/OR ANY PRIOR OR FUTURE DEALINGS BETWEEN YOU AND COMPANY (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY THROUGH CONFIDENTIAL FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED BELOW.

This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation: (i) Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Disputes that arose before or after acceptance of these Terms; (iii) Disputes related to marketing, enrollment, payment, performance, or termination; and (iv) Disputes involving Company’s Affiliates, service providers, instructors, or agents. The provisions of the agreement to arbitrate set forth in this Section will, where possible, be interpreted to sustain the legality and enforceability of such agreement. If this Section, in whole or in part, is determined to be unenforceable, then the arbitrator may sever and/or reform any such provision to make it enforceable.

Before initiating arbitration pursuant to this Section, the claimant must provide the other party with a written notice of the Dispute describing the nature of the claim, the legal and factual basis, and the specific relief sought, including a good-faith demand for monetary or other relief. The parties shall then engage in good faith efforts to resolve the Dispute for a period of thirty (30) days from receipt of such notice. If the dispute is not resolved, either party may elect non-binding mediation to occur remotely, which shall be completed within thirty (30) days of request. Compliance with this process is a condition precedent to arbitration, and any arbitration filed without compliance may be dismissed or stayed. If the Dispute is not resolved through informal efforts, either party may elect to submit the Dispute to non-binding mediation, administered by a mediation body or forum of Company’s choosing, with such body or forum subject to your reasonable input in Company’s sole discretion, in accordance with the applicable rules of the chosen body or forum. Unless otherwise agreed, mediation shall occur remotely and be completed within thirty (30) days of a party’s request. Participation in mediation is a condition precedent only if elected by a party. All applicable statutes of limitation shall be tolled during the pendency of the informal resolution period (and any agreed mediation period). All communications made during the informal resolution and mediation process are confidential, for settlement purposes only, and inadmissible to the fullest extent permitted by law. (The process described in this paragraph is hereinafter referred to as the “Pre-Arbitration Process”.)

Notwithstanding the foregoing, Company may seek injunctive or equitable relief to enjoin misuse of the Website, products, or service, enjoin misuse of its Confidential Information, and enjoin misuse or disclosure of its Content in courts of competent jurisdiction. Such action for injunctive or equitable relief shall not be subject to the Pre-Arbitration Process, and Company need not pursue or exhaust any informal resolution efforts prior to seeking such relief.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS RELATING TO YOUR USE OF THE WEBSITE WILL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY SUCH ACTION.

Changes to Terms

Company may update these Terms from time to time. The updated version will be posted on the Website with a revised effective date. Your continued use of the Website after the effective date of any updated Terms constitutes your acceptance of such updated Terms. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST DISCONTINUE YOUR USE OF AND ACCESS TO THE WEBSITE.

Sanctions and Export Compliance

Company’s technology, products and services may be subject to U.S. and applicable non-U.S. export control, sanctions, embargo, anti-boycott, and trade compliance laws, including laws administered by the U.S. Department of Commerce, the U.S. Department of the Treasury’s Office of Foreign Assets Control, and the U.S. Department of State. You are responsible for complying with all applicable local laws and trade controls when accessing or using the Website, Content or Company’s technology, products and services. You represent and warrant that you are not located in, ordinarily resident in, organized under the laws of, or accessing the services from any country, territory, or region where such access is prohibited; that you are not listed on, owned or controlled by, or acting on behalf of any person or entity listed on any applicable sanctions, denied-party, debarment, exclusion, or export-control restricted-party list; and that you will not use, export, re-export, transfer, resell, share, or make available Company technology, products or services, in violation of applicable trade controls.

You must not to use Company technology, products or services for any prohibited or restricted end use, including military, weapons, nuclear, chemical, biological, missile, terrorist, surveillance, or other restricted purposes, and not to use VPNs, proxies, false location information, false account information, account sharing, or any other method to evade trade compliance restrictions. Company may screen users, customers, learners, transactions, payment information, IP addresses, account information, and usage activity for trade compliance purposes, and may request additional information, refuse enrollment or purchase, restrict access, block access from certain locations, suspend or terminate accounts, cancel transactions, or withhold or revoke certificates or credentials where we determine that such action is necessary or appropriate to comply with applicable law or Company compliance obligations.

Governing Law, Venue and Jury Trial Waiver

These Terms and any disputes arising out of or relating to these Terms or the Website (“Disputes”) shall be governed by the laws of the State of Missouri, without regard to its conflict of law principles. To the extent a Dispute is permitted to proceed in court instead of arbitration, you waive you right to a jury trial for all Disputes you may assert against Company, and such Disputes shall be brought exclusively in the state or federal courts located in St. Louis, Missouri, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue therein.

Miscellaneous

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision, nor will any waiver be deemed a waiver of any subsequent breach or default.
Entire Agreement. These Terms constitute the entire agreement between you and Company regarding your access to and use of the Website and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to such subject matter, except as supplemented by any applicable End User License Agreement.
Assignment. You may not assign, transfer, or delegate these Terms, in whole or in part, without Company’s prior written consent. Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Contact Information

If you have any questions about these Terms, please contact us at: info@luxuryhomemarketing.com.

EARNING YOUR DESIGNATION

Earning the Certified Luxury Home Marketing Specialist™ (CLHMS) designation

Completing training is the first step toward earning the Certified Luxury Home Marketing Specialist™ (CLHMS) designation. Performance requirements must also be met. Members must submit the CLHMS Application and supporting documentation for review and approval. There is no cost for application submission. Once an application has been approved and the Member will be notified that the designation has been awarded, the new CLHMS designee is authorized to use the CLHMS designation logo. Logos come in various versions and may be downloaded from The Institute's website in the Members' Only section.

Earning the GUILD™ recognition

Performance requirements must be met to earn the GUILD™ recognition. CLHMS™ Members must submit the GUILD Application and supporting documentation for review and approval. There is no cost for application submission. Once an application has been approved and the Member is notified that the recognition has been awarded, the new GUILD recognized Member is authorized to use the GUILD logo. Logos come in various versions and may be downloaded from The Institute's website in the Members Portal.

Earning the GUILD Elite™ designation and purchasing the upgraded Member accounts

Performance requirements must be met to earn the GUILD Elite™ designation. GUILD™ Members must submit the GUILD Elite Application and supporting documentation for review and approval. There is no cost for application submission. Once an application has been approved, the Member will be notified that the recognition has been approved, and they are eligible to upgrade their account. Upon purchase, the new GUILD Elite designee is authorized to use the GUILD Elite logo. Logos come in various versions and may be downloaded from The Institute's website in the Members Portal.

Designation, Trademarks, and Logos

Only active Institute Members who are current with their dues and who have been awarded the designations or recognition may promote themselves in text or using the logos. Logos and trademarks may be used on promotional materials, business cards, websites, property brochures, etc. The trademark or logo should be clearly associated with the name of the active Institute Member. The standard practice is to list designations after the name of the individual, or individuals who have earned the designation.

You may never use Institute trademarks or logos in the following ways:

In, as, or as part of your own trademark.
To identify individuals who are not active Institute Members.
To cause confusion.
To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
To disparage The Institute or its Members.
In any other manner that The Institute finds offensive.

Cancellation of Institute Membership and Withdrawal of Designation

The Institute may immediately deny, suspend, or revoke an individual’s Institute Membership, or any designation, certification, recognition, or other credential awarded by The Institute, and may terminate or restrict access to any related benefits, services, platforms, directories, or materials, if The Institute determines, in its sole judgment, that the individual:

(a) has engaged in dishonest, fraudulent, unlawful, unethical, unprofessional, abusive, discriminatory, threatening, disruptive, or otherwise unbecoming conduct;
(b) has violated these Terms, any Institute policy, code of conduct, designation standard, trademark or brand-use requirement, or other applicable Institute rule;
(c) has made any material misrepresentation or omission in connection with an application, renewal, transaction submission, or other communication with The Institute;
(d) has been subject to disciplinary action, suspension, revocation, or other adverse action by a licensing authority, professional association, governmental body, court, employer, or affiliated brokerage or firm; or
(e) has engaged in conduct that The Institute reasonably believes has caused, or is likely to cause, harm to the reputation, goodwill, integrity, credibility, or public standing of The Institute, its Institute Membership, or any Institute designation or credential.

Except where The Institute determines that immediate action is warranted, The Institute may provide the individual with notice of the proposed action and a reasonable opportunity to submit relevant information before making a final determination.

The Institute’s determination will be final. Upon suspension, expiration, or revocation, the individual must immediately cease representing that the individual is an active Member or holds the affected designation or credential and must discontinue all use of The Institute’s names, logos, marks, certificates, badges, and other Institute Membership or designation indicia. The Institute may also remove the individual from its directories and notify third parties of the individual’s current Institute Membership or designation status.

Suspension or revocation does not entitle the individual to a refund of any training, application, Institute Membership, renewal, designation, or other fees previously paid to The Institute.