Legal
Terms of Service
Effective date / last updated: [OPERATOR: fill effective / last-updated date]
These Terms of Service ("Terms") govern your access to and use of the website and related services (the "Site") operated by [OPERATOR: fill legal entity name], doing business as The Soukup Group ("we," "us," or "our"), a residential real-estate team affiliated with eXp Realty operating in Northern Colorado.
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
In addition, each lead form and quiz submission captures your affirmative assent to these Terms and the Privacy Policy through a conspicuous "By submitting, you agree to the Terms of Service and Privacy Policy" statement (with links) at the point of submission. The material provisions below — the limitation of liability (Section 6), indemnification (Section 7), and any dispute-resolution provision (Section 13) — are presented for your affirmative agreement and are not enforced by mere passive browsing alone. [OPERATOR: confirm the affirmative-assent statement and links are present and logged at every lead form and quiz submit.]
1. Who we are; nature of services
The Soukup Group is a licensed real-estate team affiliated with eXp Realty ([OPERATOR: fill Colorado brokerage license number]). The Site provides property information, market content, lead-capture forms, a persona quiz, and informational tools. Using the Site does not create an agency, brokerage, fiduciary, or client relationship. A brokerage relationship is formed only through a separate written agreement.
2. Eligibility and acceptable use
You must be at least 18 years old and able to form a binding contract. You agree not to:
- use the Site for any unlawful, fraudulent, or infringing purpose;
- scrape, harvest, or copy listing or other data except as expressly permitted;
- interfere with or disrupt the Site or its security;
- misrepresent your identity or submit another person's contact information without authorization; or
- use the Site in violation of Fair Housing laws or to facilitate discrimination.
3. Property listings and IDX / MLS data disclaimer
Property listing information displayed on the Site — including listings provided through Internet Data Exchange (IDX), a Multiple Listing Service (MLS), eXp Realty, or third-party data sources — is provided for your personal, non-commercial use and may not be current, complete, or accurate.
- Listing data is deemed reliable but is not guaranteed and is subject to change or withdrawal without notice.
- Availability, price, square footage, taxes, HOA details, boundaries, and other listing details must be independently verified with the listing broker and appropriate professionals.
- Some listings may be subject to the terms and attribution requirements of the applicable MLS/IDX provider.
[OPERATOR — LAUNCH GATE: fill MLS/IDX attribution and required disclaimer text.] Insert, verbatim, the exact IDX attribution, update-frequency, and disclaimer language mandated by the specific Northern Colorado MLS (e.g., IRES) IDX participation agreement before any IDX data is displayed. Displaying IDX data without the MLS-mandated text can breach the IDX agreement and trigger takedown. Confirm prohibited-field and update-frequency rules are honored.
4. Informational estimates — no warranty (investor financial module)
The Site may display informational financial estimates for properties, including estimated rent, gross yield, internal rate of return (IRR), and property valuation. These are automated model outputs for general informational purposes only. They are:
- not an appraisal, broker price opinion, or offer;
- not financial, investment, tax, legal, or accounting advice;
- not a guarantee of any current or future value, income, return, or performance; and
- not a settlement service under RESPA.
Estimates rely on assumptions and third-party data that may be incomplete or inaccurate. IRR and gross-yield figures assume financing/leverage and other modeling inputs; the model's assumptions (leverage, assumed interest rate, holding period, and expense/vacancy assumptions) are disclosed adjacent to the figures. These estimates are not a credit offer or a quote of any credit terms. The Site does not advertise specific credit terms (such as an interest rate, monthly payment, down-payment amount, or APR); if any such term is ever shown, the disclosures required by the federal Truth in Lending Act (TILA) / Regulation Z (12 C.F.R. § 1026.24) apply. Do not rely on these figures to make purchase, sale, or investment decisions. Consult a licensed appraiser, lender, CPA, attorney, or financial advisor. See our RESPA / Financial Disclaimer, presented alongside estimate figures on property pages.
5. No warranties
THE SITE AND ALL CONTENT, LISTINGS, TOOLS, AND ESTIMATES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, or error-free.
6. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL [OPERATOR: fill legal entity name], THE SOUKUP GROUP, eXp REALTY, OR THEIR AGENTS, MEMBERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR ANY ESTIMATES. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED [OPERATOR: fill liability cap — choose a defensible amount and have counsel confirm enforceability under Colorado law; an unreasonably low cap may be challenged as unconscionable in a consumer context]. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Non-waivable liabilities. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, willful misconduct, personal injury, or any non-waivable duty under Colorado real-estate or consumer-protection law.
7. Indemnification
You agree to indemnify and hold harmless [OPERATOR: fill legal entity name], The Soukup Group, and eXp Realty from claims, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site or violation of these Terms.
8. Intellectual property
The Site and its content — including text, graphics, logos, design, and software, but excluding third-party MLS/IDX data and third-party marks — are owned by us or our licensors and protected by intellectual-property laws. "The Soukup Group," "eXp Realty," and related marks are the property of their respective owners. You may not copy, reproduce, distribute, or create derivative works without prior written permission, except for personal, non-commercial use of listing information as permitted above.
9. Third-party services and links
The Site may integrate or link to third-party services (e.g., Google, Meta, Mailgun, MLS/IDX providers, eXp Realty). We are not responsible for third-party content, services, or practices. Your use of those services is governed by their terms.
10. Communications consent
By submitting a form with your contact information, you consent to be contacted as described in our separate, versioned lead-form consent language and Privacy Policy, including by email and, where you separately consent, by phone call and text message. Marketing consent is not a condition of purchase. You may revoke consent by any reasonable method at any time (see the Privacy Policy, Section 8).
11. Fair Housing
We are committed to the letter and spirit of U.S. and Colorado Fair Housing laws. All properties are available without regard to race, color, religion, national origin, sex, familial status, disability, or any other protected class.
12. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms.
13. Governing law and venue
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in [OPERATOR: fill county], Colorado, subject to any applicable arbitration or dispute-resolution provision. [OPERATOR: decide whether to include an arbitration / class-action-waiver clause.]
14. Changes to these Terms
We may modify these Terms at any time by posting an updated version with a new "Last updated" date. Your continued use of the Site after changes take effect constitutes acceptance.
15. Contact
The Soukup Group — [OPERATOR: fill legal entity name]
[OPERATOR: fill business address]
Email: [OPERATOR: fill contact email]
Phone: [OPERATOR: fill business phone]