The services offered by Realty Thrift, LLC dba BLOOMKEY ("Bloomkey". "We", "Us") are subject to the following terms, conditions and limitations. When you use this website (this "website",this "site") or any of the services offered by BLOOMKEY, you ("User", "You", "Your") agree to be subject to these terms, conditions and all other express terms and conditions applicable to such services. This website will always contain a link to view the most current version of the User Agreement. By accessing and using this site, you agree to accept the terms and conditions of the most current User Agreement. By clicking on the "Submit" button below, or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not to use these services.
Except as stated below, all content on this site, including text, logos, graphics and images, is the property of BLOOMKEY or is used under license. The content is protected by U.S. and international copyright laws. The compilation, collection, arrangement and assembly of all content on the site is the exclusive property of BLOOMKEY and protected by U.S. and international copyright laws. None of the web site content may be copied, distributed, modified, displayed or transmitted, without the written permission of BLOOMKEY.
BLOOMKEY, IHS Realty, MLS Lion its logos are service marks and/or trade marks of Realty Thrift, LLC, a Virginia Limited Liability Company and/or BLOOMKEY, Inc a California Corporation. The service marks and trademarks of BLOOMKEY may not be used in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits BLOOMKEY or erroneously suggests an endorsement of or affiliation with BLOOMKEY.
Service marks of other companies appear in this site. REALTOR.com and the associated logo is a service mark of the National Association of Realtors. HomeAdvisor and MSN are service marks of Microsoft Corporation. Yahoo! is a service mark of Yahoo Inc. These and all other service marks or trademarks appearing in the site are the marks of their respective owners. Their appearance in this site is intended solely as an introduction to these companies' services and products. These companies have not in any manner endorsed BLOOMKEY or its service, and the appearance of these service marks on this site is not indicative of any endorsement by these companies.
Our site may display hyperlinks to other web sites. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and BLOOMKEY assumes no liability, obligation, or responsibility for such content, representations, or warranties.
BLOOMKEY is a licensed real estate brokerage company in the states of California, Georgia, Maryland, North Carolina, South Carolina, Pennsylvania and Virginia. BLOOMKEY is not licensed or permitted to practice law in any jurisdiction. As such, BLOOMKEY will recommend that a customer or client contact an attorney experienced in real estate law and licensed to practice in his or her community whenever it appears that legal counsel is needed. It is the customer's sole duty to identify the occasion for the need for legal advice. BLOOMKEY is not responsible for alerting the customer to such instance nor will BLOOMKEY be obligated to help find qualified counsel. For BLOOMKEY licensing information Click Here.
Compensation for real estate listing services is not fixed and varies among communities and among individual REALTORs®, brokers and agents in a particular community. Variations in realty fees that can be negotiated with any real estate professional will be driven by the local housing market, brokerage company policy, individual agent policy and numerous other factors. REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. Calculator savings examples assume BLOOMKEY flat listing fee comparison with traditional real estate companies charging a 6% commission. Product and service pricing may vary by geographic area and is subject to change from time to time without notice.
You acknowledge that you have read, understand and agree to Bloomkey's Agency Disclosure and Policy.
You warrant and represent to Us that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at Our discretion for any reason, including for violation of these Terms.
You are solely responsible for Your Information, and We act as a passive conduit for Your online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any information or data that is generated by this Web Site as a result of Your use of this Web Site.
In the event that You are provided with User identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, You shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use, of this Web Site.
You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass and/or targeted e-mailing techniques, forum postings, etc.; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browser such as Mozilla Firefox®, Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission. You may not use this website for the purposes of solicitation of other users of the website or customers of Bloomkey.
With respect to all Information You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or part) worldwide; provided that such use is subject to the terms of Our Privacy Policy. You acknowledge and agree that We may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Our business, employees, Providers, affiliates, users, and/or the public.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and such advertiser. You agree that We (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such advertisers on this Web Site.
In the event that We provide message boards or discussion forums on this Web Site (the "Forums"), You agree to use the Forums only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to You or any other person or entity. In addition, You warrant that all moral rights in any uploaded materials have been waived. While We do not and cannot review every message posted by You or any other User in the Forums, and although We are not responsible for these messages, We reserve the right (but not the obligation) to delete, move, or edit messages that We, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We do not endorse any Information posted on this Web Site.
You agree that You must evaluate, and bear all risks associated with, the use of any messages, Information, or Content, including any reliance on the accuracy, completeness, or usefulness of such messages, Information, or Content. In this regard, You acknowledge that You may not rely on any Content We create or information submitted to Us by third parties, including without limitation, information in the Forums, and in all other parts of this Web Site.
When you list your property
and conduct business with BLOOMKEY you represent
and agree to the following:
1. You are of legal age and are otherwise capable of forming a legally binding
contract;
2. You are the owner(s) of the listed property, as recorded in the appropriate
land records and/or property tax rolls, and have the legal right to offer the
property for sale;
3. The listed property is located in the United States of America;
4. The property is not currently listed with any licensed real estate professional;
and
5. The information you provide to BLOOMKEY is accurate and truthful.
6. You will comply with all federal, state and local laws governing the marketing
and sale of your property, including, but not limited to, federal, state and
local fair housing laws.
7.
As a condition of listing property for sale with BLOOMKEY you agree to complete, sign and return all required paperwork and documentation as requested by BLOOMKEY including, but not limited to, the Listing Agreement, Agency Disclosures, Property Disclosures and Property Data Forms either in the electronic or paper form as provided.
8. E-mail and other Internet electronic communication is the primary method of communication. While BLOOMKEY representatives attempt to handle telephone inquiries as quickly as possible, If you are unable to check your e-mail on a daily basis, it is recommended that you NOT list your property with BLOOMKEY.
BLOOMKEY is providing a flat-fee limited service to Seller. As such, Broker does not provide the same services as a ''traditional'' brokerage. Correspondingly, you are paying a reduced flat fee rather than the more common percentage fee typically charged by full-service brokerages. Using the website services of BLOOMKEY does not create any agency or other relationship between you and BLOOMKEY. BLOOMKEY does not owe you any fiduciary or other duty unless otherwise agreed to in writing. BLOOMKEY's service consists of Ministerial Acts, acts which a broker or affiliated licensee performs for a person which do not require discretion or the exercise of the broker of affiliated licensee's own judgment. BLOOMKEY will provide such Ministerial Acts as stated in the service list of the particular product you purchase as may be updated and amended from time to time. Such acts may include one or more of the following: submitting the information you provide to the local multiple listing service directory; providing you with pre-printed forms; providing you with introductions to or links to state and local real estate brokers, lenders, inspectors, attorneys, insurance agents, surveyors, schools, shopping facilities, places of worship, and such other like or similar services. None of the Ministerial Acts performed by BLOOMKEY shall be construed in such a manner as to form a brokerage engagement with you. BLOOMKEY does not provide assistance in any manner that would require it or its principles to exercise discretion or judgment. Examples of services that are not provided include: suggesting a sales price', negotiating with buyers, showing the property or attending closing or settlement.
There have been isolated instances of reported burglaries of homes on which lockboxes have been placed and for which the lockbox has been alleged to have been used to access the home. In order to minimize the risk of misuse of the lockbox Broker recommends against the use of lockboxes on door handles that can be unscrewed from the outside or on other parts of the home from which the lockbox car be easily removed. Since others will have access to your property you should remove all valuables or put them in a secure place.
BLOOMKEY attempts to accurately enter the information you provide into the multiple listing service. However, BLOOMKEY does not guarantee error-free service. If you discover any error you must promptly notify BLOOMKEY so the error can be remedied. BLOOMKEY is not responsible for any loss or damage suffered by the error. BLOOMKEY shall under no circumstances have any liability greater than the amount it received from you for its services. You agree to hold BLOOMKEY harmless from any and all claims, causes of action, or damages arising out of or relating to incomplete and/or inaccurate information concerning your property. Agents or brokers who show your home do not work for you and cannot be expected to perform services usually performed by the listing broker. Please do not ask a "buyer's agent" or "selling agent" to assist you with your sale or to perform functions normally performed by a "traditional" listing broker. In most cases, BLOOMKEY may be able to provide additional brokerage services to you for an additional fee.
Posting and/or display of MLS property information and/or image(s) on Internet website(s) is controlled by Internet Data Exchange (IDX) or Virtual Office Website (VOW) agreements between Multiple Listing Services (MLSs) and the independently owned companies operating the website(s). Agreements between various MLSs and Move, Inc. (Realtor.com) and/or other companies/websites for the uploading, posting and/or display of MLS property data and/or images on Internet website(s) are subject to the policies of the individual MLS(s) and the existence, modification or expiration of these agreements may vary between MLSs from time to time. BLOOMKEY has no control over the posting and/or display of property data and/or images or the timing of the posting of property data and/or images on websites not owned or operated by BLOOMKEY. BLOOMKEY shall not be liable in any way for the posting and/or display of property data and/or images on websites not owned or controlled by BLOOMKEY. Internet posting and/or information display of property data and images for properties listed with BLOOMKEY on any particular website is not guaranteed.
Use of Listing Content; Intellectual Property License. Unless Seller delivers to Broker a written certification, in a form acceptable to Broker, that Seller does not desire the Listing Content to be disseminated by a multiple listing service, Seller acknowledges and agrees that all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to the Property provided by Seller to Broker or Broker’s agent (the “Seller Listing Content”), or otherwise obtained or produced by Broker or Broker’s agent in connection with this Agreement (the “Broker Listing Content”), and any changes to the Seller Listing Content or the Broker Listing Content, may be filed with one or more multiple listing services, included in compilations of listings, and otherwise distributed, publicly displayed and reproduced. Seller hereby grants to Broker a non-exclusive, irrevocable, worldwide, royalty free license to use, sublicense through multiple tiers, publish, display, and reproduce the Seller Listing Content, to prepare derivative works of the Seller Listing Content, and to distribute the Seller Listing Content or any derivative works thereof. This non-exclusive licence shall survive the termination of this Agreement for any reason whatever. Seller represents and warrants to Broker that the Seller Listing Content, and the license granted to Broker for the Seller Listing Content, do not violate or infringe upon the rights, including any copyright rights, or any person or entity. Seller acknowledges and agrees that as between Seller and Broker, all Broker Listing Content is owned exclusively by Broker, and Seller has no right, title or interest in or to any Broker Listing Content.
In addition to the fees charged by BLOOMKEY for MLS listing and/or other limited real estate brokerage services, fees may be due and payable by the Seller dependent upon factors such as the jurisdiction or location of the property for sale. For instance, Georgia property owners whose properties are located in areas serviced by First MLS (FMLS) are subject to a FMLS fee of 0.12% (.0012 x sales price) to be paid at settlement which fees BLOOMKEY collects on the behalf of FMLS and forwards to FMLS after settlement. North Carolina property owners who wish to list property for sale with BLOOMKEY are responsible for an recent, (within the past 2 years) accurate measurement of square footage by a professional broker or appraiser. Square footage measurement is not included in BLOOMKEY listing fees. Additional fees due to property location in certain states or MLS areas are the responsibility of the property owner. To determine if any additional fees are applicable to your locale, please call 1-800-974-6657. Fines may be assessed for Seller's failure to meet certain requirements of your Agreement with BLOOMKEY based on MLS Rules and Regulations or State Law or other requirments of listing with BLOOMKEY as outlined in the BLOOMKEY Listing Agreement. Additional terms and conditions are outlined in the BLOOMKEY Listing Agreement for your state. For a copy of the Listing Agreement and applicable Agency Disclosures for your State, please call 1-800-974-6657. When listing or purchasing property through BLOOMKEY, it is your responsibility to determine and disclose to BLOOMKEY in advance whether any referral fees may be due to third parties. All third party referral fees shall be your responsibility and shall be paid by you. BLOOMKEY will not be directly or indirectly responsible for any third party referral fees whether disclosed or undislcosed.
For the convenience of its website users, BLOOMKEY allows you to locate and evaluate services from independent third party real estate professionals who are, in most cases, affiliates of BLOOMKEY and/or BLOOMKEY (BLOOMKEY websites). If you elect to purchase services from BLOOMKEY for property(ies) in areas outside of BLOOMKEY's coverage areas, you agree to allow BLOOMKEY to provide certain details on a non-anonymous basis to third parties who are, in most cases, appropriate members of BLOOMKEY's flat fee broker network. You hereby agree that if you purchase services through BLOOMKEY, you consent to be contacted by and receive email from BLOOMKEY and BLOOMKEY's appropriate third party broker. In such event, BLOOMKEY may refer a real estate professional to you, but BLOOMKEY does not engage in any real estate broker services on your behalf. Real estate brokerage services are provided by the locally licensed real estate professional that has been referred to you by BLOOMKEY. The terms of any agreement between a thrid party real estate professional and you are not endorsed, recommended or otherwise known to or by BLOOMKEY. For its services, BLOOMKEY may receive payment, including, but not limited to a referral fee that may be a flat fee or percentage of the fee paid to the real estate professional for services rendered. Your registration with BLOOMKEY and use of BLOOMKEY's services constitues your acknowledgement of, and agreement to, this compensation arrangement. BLOOMKEY assumes no responsibility for the services or products provided to you by its referral brokers.
MLS Listing fees are due at the time of purchase and are non-refundable in any event. If you elect to use the Bloomkey Automated Recurring Billing (ARB) method to finance your purchase you agree to make payments on a monthly basis for the term of your purchase as outlined in the listing package description unitl the entire balance is paid in full regardless of whether or not your property sells, you withdraw the property from the market or obtain a release of listing from Bloomkey or otherwise remove the property from the market. If your property sells and closes prior to the end of the payment term and prior to the balance being paid in full, you agree to have any balance due at the time of settlement deducted from the sales proceeds of your property and to direct your settlement company to forward the payment to Bloomkey at the time of settlement or as soon thereafter as possible. Your monthly payments will continue to be debited from your credit card until the entire balance due has been paid. If collection methods are required to collect the balance owed, you agree to bear the cost of reasonable attorney fees and/or collection costs associated with collecting this debt.
You may cancel your property listing at any time during the listing period by completing a Listing Release Form found in the Member's Only area of this website, however, BLOOMKEY will retain the listing fee in all cases. However you may not cancel your obligation to pay a real estate commission if your property is under contract or if you are in negotiations to sell your property to a purchaser represented by a real estate agent member of the MLS (see Listing Agreement for details). There is no penalty for early cancellation of an MLS listing by BLOOMKEY, however, some MLSs charge early termination fees, which you will be responsible for paying - call 1-800-974-6657 for details (ie. For properties listed in Georgia, there is an additional fee for listing withdrawal, release or cancellation.) REFUNDS: BLOOMKEY is an Internet Real Estate Company. As such, services, information, forms, intellecutal property and online tools are provided immediately at the time of purchase and all purchases are therefore non-refundable. The following policies apply to only to refunds for product purchases made from BLOOMKEY: 7 day Return Period : Purchasers making requests for refunds within seven (7) days of the original transaction date will be entitled to a refund of seventy-five percent (75%) of the total transaction which shall be refunded to the original purchasing account. 14 day Return Period: Purchasers making requests for refunds within fourteen (14) days of the original transaction date will be entitled to a refund of fifty percent (50%) of the total transaction which shall be refunded to the original purchasing account. 21 day Return Period: Purchasers making requests for refunds within twenty-one (21) days of the original transaction date will be entitled to a refund of 25% of the total transaction which shall be refunded to the original purchasing account. No refunds shall be made after 21 days of the original transaction date. All refunds must be requested in writing to BLOOMKEY by email, U.S Postal Service or other commercial carrier prior to a customer's use of any forms, features and/or selling tools or products obtained from BLOOMKEY or BLOOMKEY's website(s), including, but not limited to, creation of a webpage, uploading of photos, downloading of real estate contract forms or addenda, marketing materials, etc. .There shall be NO refunds for the purchase of Bloomkey listing packages or parts thereof, services or products either purchased 'a la carte' or as part of a package after data entry, services have been rendered or after product shipping, whichever occurs first.
Customers of BLOOMKEY may cancel their MLS listing at any time and receive a partial refund of the flat fee MLS listing fee paid to BLOOMKEY under the following terms and conditions: 1) Customer must contact BLOOMKEY prior to cancellation and request a "Listing Release" for their Property's MLS listing. Listing Release form must be signed and executed by both Customer and BLOOMKEY. 2) Customer must give permission in writing for BLOOMKEY to refer them to a real estate broker in the market location of their property. 3) Referral of Customer must be accepted in writing by the real estate broker. 4) Customer must execute an "Exclusive Right to Sell" listing agreement for the Property with the broker referred by BLOOMKEY for a minimum term of ninety (90) days. 5) Customer must go to closing and settle on the Property using the broker referred by BLOOMKEY during the initial listing period or any continuous renewal periods as may be required to sell the property. 6) Broker referred by BLOOMKEY must pay the agreed upon referral fee to BLOOMKEY. 7) Customer will receive a refund of their BLOOMKEY MLS listing within 30 days of receipt of referral fee from broker to whom Customer's Property was referred.
In the event an BLOOMKEY product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, BLOOMKEY shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. BLOOMKEY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled by BLOOMKEY, BLOOMKEY shall issue a credit to your credit card account in the amount of the incorrect price.
When you buy a home through BLOOMKEY's Flat Fee Home Buying Program you will receive a rebate or credit of a portion of the commission paid by the seller following the fee schedule posted on this site and in accordance with the following terms and conditions. By participating in the BLOOMKEY Flat Fee Home Buying Program to purchase a Property through BLOOMKEY you acknowledge and agree to these terms and conditions. By registering for the Bloomkey Flat Fee Home Buying Program you agree to allow Bloomkey to represent you as either your 'buyer agent' or, where allowed by law, a 'transaction broker' , for the purchase of real estate within states where Bloomkey is licensed as a real estate broker. Rebates will be paid in the form of a credit at closing or, where allowed by law and requested as herein described below, company check from BLOOMKEY in the amount appropriate for your Property Purchase Sales Price (see Buyer Savings Schedule) within 15 days of your closing. If you would prefer a rebate over a credit you must give written notice to BLOOMKEY at least 10 business days prior to settlement. Rebates are not be available in all states. Where a mortgage loan is involved in the purchase of real estate, a credit in the amount of the rebate must be reflected on the settlement statement and no monies may be rebated that are not included on the settlement statement. In states where cash rebates or closing credits are not allowed by law no rebate will be due or payable. BLOOMKEY Flat Fee Buying Program currently only available in California, Georgia, Maryland, North Carolina, Pennsylvania, South Carolina and Virginia. Alternatively, you may participate in the BLOOMKEY HomeBuyer Connect Savings Program anywhere within the United States where allowed by law. The BLOOMKEY FLAT FEE HOME BUYING PROGRAM is NOT available in conjunction with the BLOOMKEY HomeBuyer Connect Savings Program.
BLOOMKEY cannot represent you in the purchase of a property, if you are obligated to work with another broker on that purchase. You cannot currently be a party to any buyer's broker agreement, dual agency agreement or other real estate brokerage agreement regarding a purchase. You will not ask us to represent you with respect to a property, if you have such an agreement with any other person that applies to the property. In order to be eligible for discounts and/or rebates from BLOOMKEY you must purchase and settle on a property with BLOOMKEY acting as the selling agent. If you visit an Open House or otherwise preview a property without indicating to the listing agent in advance that BLOOMKEY will be acting as your sole buyer agent you may forfeit your ability to participate in the BLOOMKEY Flat-Fee Home Buying Program. You should make it clear that BLOOMKEY is representing you as your broker by following these steps. 1) Print an BLOOMKEY business card from the web site before going to an appointment or Open House. 2) Give the BLOOMKEY business card to the listing agent and inform them that BLOOMKEY is your broker. 3) Schedule appointments to see homes through BLOOMKEY. 4) Make any offer for the home through BLOOMKEY.
You must provide BLOOMKEY with a Mortgage Pre-Approval letter from a qualified mortgage lending institution dated within 30 days prior to your making an offer indicating your ability to purchase the Property intended prior to the submission of your Purchase Offer. State law may require us to provide you with certain disclosures regarding agency relationships. If we provide such a disclosure and ask you to sign it, you will do so. You agree to allow BLOOMKEY to provide any paperwork and documentation necessary to complete your purchase in electronic format. If you are unable to receive or store documents in electronic format, BLOOMKEY may, at your expense, send you documents by overnight mail, U.S. Postal Service or other delivery method. To request documents in paper format, call 1-800-974-6657. Without limitation of the foregoing, you agree that: (i) if we provide or make available to you any document in electronic form, it will be treated for all purposes as if we delivered to you an original of the document in paper form, and a printed version of such electronic Document will be admissible in any proceeding to the same extent as any document originally printed in paper form; (ii) if we send an email to an email address for you as then reflected in our records, which email has an electronic copy of a Document attached to it (or has a link to an electronic copy of a document or to a page from which such electronic copy is available), such email will be treated for all purposes as if we delivered an original of the document in paper format to you at the time the email was sent; (iii) your electronic signature of any document will be binding and will be treated for all purposes as if you physically signed (and initialed all spaces for your initials in) such Document (including initials indicating your agreement to any arbitration provision); and (iv) you will notify BLOOMKEY immediately if you are unable to print or store any document in electronic form that we provide or make available to you.
BLOOMKEY will use reasonable efforts to cause the Rebate to be paid as a credit against the purchase price and/or closing costs at the closing; provided, however, that (i) if allowed by law and the mortgage lender; and (ii) if the buyer requests, by giving written notice to BLOOMKEY at least 10 business days before the closing, that the Rebate be paid in cash by check, then BLOOMKEY will, if permitted by applicable law and the mortgage lender, BLOOMKEY will issue a check within 15 days after the date of closing and (ii) if under applicable law the Rebate may be paid after closing without prohibition by the mortgage lender, then the Rebate will be paid to the order of the person(s) named as the buyer(s) or borrower(s) on the HUD-1 Closing Statement or equivalent statement (including, in the case of a Section 1031 Exchange, to the order of any qualified intermediary who is named as the buyer or borrower on the closing statement, for the benefit of the Section 1031 Buyer). If paid as a closing credit, the Rebate will be paid on behalf of such person(s). As used herein, (i) "Section 1031 Exchange" means an exchange of real estate pursuant to Section 1031 of the Internal Revenue Code, as amended from time to time, and (ii) "Section 1031 Buyer" means the person conducting a Section 1031 Exchange through a qualified intermediary who will receive replacement property in such exchange. You agree that all bonuses paid by listing firm or seller to "buyer's agent" as incentives shall be retained by BLOOMKEY and that these amounts, gifts, prizes or other forms of renumeration may be accepted and retained by Bloomkey in addition to the flat-fee charged by BLOOMKEY.
If at any time BLOOMKEY reasonably determines that a Seller Commission Dispute exists or is reasonably likely to occur, then BLOOMKEY may delay paying the Rebate until 30 days after such Seller Commission Dispute has been Resolved. "Seller Commission Dispute" means any dispute or uncertainty regarding (i) whether BLOOMKEY is entitled to a commission from the seller(s) and/or listing broker, (ii) the amount of such commission, (iii) the manner or timing of payment of such commission, or (iv) any other term, condition or aspect of such commission. "Resolved" or "finally determined" means (i) resolved by mutual agreement, settlement or written instruction of all interested parties; or (ii) determined by any final, non-appealable judgment of a court. If BLOOMKEY pays any Rebate and it is later determined that BLOOMKEY is not entitled to all or part of the commission on which such Rebate was calculated, then the Rebate amount will be recalculated and the buyer will immediately repay to or at the order of BLOOMKEY the excess portion, if any, of the Rebate that BLOOMKEY paid.
BLOOMKEY has no obligation to pay the Rebate and this rebate offer is void: (i) to the extent prohibited by applicable law or the buyer’s lender(s), including at any time (including after a delay referred to in the previous paragraph) that such payment is so prohibited; or (ii) with respect to any purchase in which BLOOMKEY is not at all times the sole and exclusive broker representing the buyer. In the event that the amount of the commission rebate or credit due to purchaser is greater than the amount allowable under the terms of purchaser's mortgage loan, BLOOMKEY will retain the balance of the commission in addition to the flat fee as additional payment for services rendered. In addition to the flat fee retained from the buyer agent commission, BLOOMKEY will also retain any and all agent bonuses offered by Sellers or Listing Brokers as compensation whether they be in the form of cash, merchandise, travel vouchers, gifts or any other form of renumeration. BLOOMKEY has no obligation to pay the Rebate unless and until (i) all of the buyers sign any agreement reasonably requested by BLOOMKEY confirming the Rebate, and (ii) in the case of a Section 1031 Exchange in which the qualified intermediary is listed as the buyer or borrower in the closing statement, the Section 1031 Buyer also signs such an agreement. A Rebate may have tax implications. BLOOMKEY recommends that buyer consult with a tax advisor regarding same. To the extent, if any, that BLOOMKEY determines that the filing of any tax return (including any Form 1099 or other information return) is necessary or prudent in connection with any Rebate, BLOOMKEY may make such filing. BLOOMKEY’s rebate program (and obligation to pay the Rebate) is subject to discontinuation or modification by BLOOMKEY at any time. This offer may not be combined with any other offer made by BLOOMKEY or any of its partners or affiliates.
The BLOOMKEY HomeBuyer Connect Program is a program designed to acheive savings in the form of discounts, credits and/or rebates for home buyers who purchase a home through an BLOOMKEY affiliate broker and/or buyer agent. The BLOOMKEY FLAT FEE HOME BUYING PROGRAM is NOT available in conjunction with the BLOOMKEY HomeBuyer Connect Savings Program. In order to participate in the BLOOMKEY HomeBuyer Connect Program you hereby agree to the following additional terms and conditions:
You represent that you are of legal age and are otherwise capable of forming a legally binding contract. The information you provide to BLOOMKEY and/or it's affiliates, partners, employees, agents and staff is accurate and truthful. You are interested in purchasing real estate located in the United States. In order to receive the Benefits of the BLOOMKEY HomeBuyer Connect Program (hereinafter referred to as the "HBC Program"), you are electing to use the services of BLOOMKEY and are required to use the real estate agent and/or broker (hereinafer referred to as "HBC Agent ") recommended by an BLOOMKEY Coordinator (hereinafter referred to as "Coordinator") for the purchase of real estate.
You agree to use the HBC Agent recommended by the BLOOMKEY Coordinator as your exclusive "buyer agent" for for the purchase of real estate. No savings, discounts and/or credits will be available to you through the HBC Program unless the recommended HBC Agent is used for the purchase of real estate and settlement occurs with HBC Agent or HBC Agent as the exclusive real estate agent/broker of record. You must purchase real property through HBC Agent and close escrow or reach to final real estate settlement with the HBC Agent acting as their sole and exclusive real etstate selling agent(s) for the purchase of real estate in order to qualify for any and all Program benefits. To receive additional specific benefits, if any, you must use the BLOOMKEY referred Service Provider ( home inspector, home warranty company, moving or storage company, etc.) for the particular service relating to the specific real estate transaction. BLOOMKEY discounts, rebates, and/or credits are only available to buyers who utilize the services of a HBC as their sole and exclusive agent for the purchase of real estate.
You acknowledge that BLOOMKEY recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify real estate or other professional licensing status and background and that BLOOMKEY makes no such representations and/or warranties about any real estate service service or product provider. Buyers are not bound to accept the BLOOMKEY referred service provider's services/products and placement of the referral by BLOOMKEY is not intended to create a contractural or agency relationship between you and the real estate service provider(s).
Home Buyer discounts, gift cards, gift certificates, credits, fee waivers and/or rebates are not available in all markets. Not all Buyers may be eligible to receive all promotional opportunities. Seller bonus not available with BLOOMKEY flat fee listings. A minimum gross purchase price $150,000 is required in order to qualify for Benefits. Neither BLOOMKEY their agents or employees shall be liable for any damages, awards or penalties due to any amendments, changes or discontinuation of offers provided by Service Providers or through the Program. BLOOMKEY is not responsible or liable for any acts or omissions created or performed by these third parties. Buyers agree to hereby release BLOOMKEY t/a BLOOMKEY, their agents or employees from any liability or damages caused by any action or inaction on the part of any and all of the Service Provider(s) recommended or suggested by BLOOMKEY. Buyers agree to indemnify BLOOMKEY and its suppliers, distributors, participating service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of BLOOMKEY's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
If the listing agent or an agent from another brokerage company, other than the BLOOMKEY Select REALTOR recommended to you by BLOOMKEY, shows Buyers a property first, then BLOOMKEY may not be able to offer you any Benefits for that particular property. Be sure to contact your assigned "BLOOMKEY Select REALTOR" Service Provider before you look at any homes or visit any new home model. This program is only available where permitted under state and federal law and where not otherwise prohibited by law. There may be a tax consequence to any gifts, credits or rebates. If you need legal or tax advice, you should consult with the appropriate professional. Offer subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice.
For its services BLOOMKEY may receive payment including, but not limited to a referral fee that may be a percentage of the commission received by the real estate service providers involved in the real estate transaction. BLOOMKEY's payment is due an agreement between BLOOMKEY and the Service Provider involved. Your registration with BLOOMKEY and use of BLOOMKEY services constitutes your acknowledgment of, and agreement to, this compensation arrangement. BLOOMKEY may from time to time offer eligible Buyers promotional opportunities to incent use of BLOOMKEY's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Buyers who use a BLOOMKEY affiliated real estate agent, mortgage lender and other required service providers to buy or sell a home.
Offered only in the United States where allowable by law. Not valid with other offers. The amount of discounts, rebates and/or credits received will vary dependent upon several factors including, but not limited to sales price and/or location of the property purchased. If Buyer is currently engaged in a "buyer agency" or other agency agreement with a real estate broker, this is not meant as a solicitation and you will not be able to participate in this Service or receive any Benefits while that agreement is in effect.
To the extent permitted by law, BLOOMKEY reserves the right to refuse service, terminate offerings, and/or cancel services if, in its discretion, the company believes that a customer or client’s conduct violates any applicable laws or is harmful to the interests of BLOOMKEY or BLOOMKEY's other clients or customers.
HBC HOME BUYER INCENTIVES |
|
| Property Sale Price | Gift Card Amount |
$125,000 - $149,999 |
$100.00 |
$150,000 - $199,999 |
$400.00 |
$200,000 - $299,999 |
$800.00 |
$300,000 - $399,999 |
$1,100.00 |
$400,000 - $499,999 |
$1,200.00 |
$500,000 - $599,999 |
$1,400.00 |
$600,000 - and up |
$2,000.00 |
Where permitted by law, incentives will be paid in the form of a HOME DEPOT® GIFT CARD in the amount indicated after settlement for qualifiying transactions. |
|
LIMITATIONS DUE TO STATE AND FEDERAL LAW - The incentive offer is available on modified terms in some states and not available at all in others. In addition, the incentive may not be available to some buyers, as follows:
For residents of Alabama, Oregon, South Dakota and Tennessee, state laws do not allow us to provide you with a Gift Card incentive associated with this offer. However, you are entitled to receive the same amount as a credit at closing or such other manner as permitted by state law. Your BLOOMKEY representative can assist you with process. Please contact an BLOOMKEY representative at 1-800-974-6657 for details. In these states you MUST ensure that you receive the benefit of the incentive at or prior to closing as BLOOMKEY will be unable to provide the incentive after your closing.
For residents of Arkansas, Kansas, Kentucky, Louisianna, Mossouri, Mississippi, New Jersey, Oklahoma, Rhode Island, South Carolina, and West Virginia do not allow us to provide any incentives to the consumer. However, we welcome you to still participate in the program and receive all of the other benefits the BLOOMKEY network offers.
Additionally, the incentive may not be permitted in connection with certain loan programs for the buyer/borrower. These include, but are not limited to, FHA and VA loans. Please consult your lender regarding whether or not you can collect the incentive in connection with your loan.
REQUESTING INCENTIVE - For states which do not permit the customary incentive, you must ensure that you receive the benefit of the incentive at or prior to closing - please make sure it appears on the HUD-1 Settlement Statement prepared by your closing agent at closing or on other appropriate settlement documentation. For the states which permit the Gift Card incentive, please follow the following procedure:
1) After you close on your real estate transaction with your BLOOMKEY Select REALTOR, please send us within 30 days of your closing date a copy of your HUD-1 document (which you will receive from the Settlement Agent at closing), your correct mailing address and your Select REALTOR's name to: BLOOMKEY, REAL ESTATE GIFT CARD, 7113 Three Chopt Road, Suite 209, Richmond, Virginia, 23226. (Please include your loan officer's name if you used Stock Financial Services for your mortgage loan).
2) BLOOMKEY will process your request upon receipt of the HUD-1 evidencing the closing of a qualifying transaction. BLOOMKEY should send the GIFT CARD to qualifying customers within approximately 2-4 weeks.
FORM OF INCENTIVE - Incentives will be paid in the form of a HOME DEPOT GIFT CARD to the extent permitted by law. No substitutions may be requested. Your HOME DEPOT GIFT CARD may be redeemed where HOME DEPOT Gift Cards are accepted. This offer may not be combined with any other offer made by BLOOMKEY or any of its partners or affiliates.
BLOOMKEY is a limited service real estate brokerage company. Depending upon the service plan purchased, the services provided by BLOOMKEY do not include many of the services included by a traditional real estate broker. Ask for a copy of the BLOOMKEY Agency Disclosure for details.
You certify that all of the information you have provided in your completed pre-approval form is true and complete. You authorize BLOOMKEY and/or its partners or affiliates to check your credit history, and to provide your information, including your credit history, to one of its approved lenders; provided, however, that if a lender is unable to make an offer, BLOOMKEY and/or its partners or affiliates may submit your information to an additional lender. If you complete the first page of the pre-approval form but leave portions of the form incomplete, BLOOMKEY and/or its partners or affiliates will transmit your pre-approval form to one of its approved lenders, who will possibly extend a loan offer to you. Currently mortgage loan preapproval and loan discount program is only available in Colorado, Delaware, Florida, Georgia, Hawaii, Kentucky, Michigan, North Carolina, Ohio, South Carolina, Texas, Utah, Virginia and Wisconsin.
By completing the pre-approval form, you authorize BLOOMKEY and/or its partners or affiliates to transmit your pre-approval form to one of its approved lenders. No credit check will be performed on behalf of BLOOMKEY and/or its partners or affiliates if you have not fully completed your pre-approval. BLOOMKEY and/or its partners or affiliates will share your information within its network and/or partners. You further authorize the lender to check your credit history and to return their decision to you via the BLOOMKEY and/or its partners or affiliates system. At the present time, Fair, Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. You understand that the lender may keep this form, whether or not you are qualified for a loan with them.
BLOOMKEY is not a lender and does not make loans or credit decisions in connection with loans. BLOOMKEY does not endorse or recommend the products of the lender on its website. BLOOMKEY is not an agent of either you, the user, or the lender. BLOOMKEY's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The lender is solely responsible for its services to you, and you agree that BLOOMKEY shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.
This Web site and the services provided by BLOOMKEY and/or its partners or affiliates are available only in connection with (a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and (b) non-mortgage loans made to citizens and residents of the United States. Loans may only be made to residents of, or secured by real property located in, states where the lender is licensed or authorized to make such loans. The lender is not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site.
BLOOMKEY expressly reserves the right to discontinue, suspend or terminate the offering of any loan product in any specific state through this Web site. BLOOMKEY and/or its partners or affiliates does not guarantee acceptance into any particular loan program or specific loan terms or conditions with its lenders; loan approval standards are established and maintained solely by the individual lenders. Likewise, BLOOMKEY does not guarantee that the loan terms or rates offered and made available by the participating lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
By completing the pre-approval form, you understand and agree that you are submitting an inquiry as to a lending product with BLOOMKEY and the lenders to whom your loan request is transmitted. By submitting the pre-approval, you are also extending an express invitation to the lender making you a loan offer to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By saving your information with BLOOMKEY and/or its partners or affiliates and/or submitting a pre-approval, you give BLOOMKEY and/or its partners or affiliates permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request.
Your loan request may be matched to Wells-Fargo Home Mortgage, licensed mortgage lenders, which is a separate companies from BLOOMKEY.
WITH REGARD TO ANY REAL ESTATE VALUATION OR ESTIMATE OF VALUE SERVICES PROVIDED BY BLOOMKEY OR ITS SUPPLIERS, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOMKEY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BLOOMKEY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION; EXCLUSIVE REMEDY.
IN NO EVENT WILL BLOOMKEY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE USE OR YOUR USE OF PROPERTY DATA OR ESTIMATES FROM BLOOMKEY OR ITS WEBSITES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BLOOMKEY OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Confidential Information
You shall treat as strictly confidential and use solely for the purposes contemplated by these Terms and Conditions all information, whether technical or commercial, obtained or received by you in connection with these Terms and Conditions and any Programme Terms or using the Site, Service or any Additional Programs ("Confidential Information") and shall not, except with the prior written consent of BLOOMKEY publish or otherwise disclose to any person any Confidential Information except for the purposes contemplated by these Terms and Conditions. This restriction shall not apply to any information being required by law or by any securities exchange or regulatory or governmental body to be disclosed, or to any information lawfully in your possession prior to the commencement in force of these Terms and Conditions, or to any information in the public domain.
General
Force Majeure: If BLOOMKEY is unable to provide the Site, Service or any Additional Programmes at any time for any reason beyond its reasonable control (including without limitation acts of God, war, terrorism, riot, strikes, utility or communications failures, any failure connected to the internet, earthquake, floods, fire, governmental action, including without limitation changes in law or regulation) such failure shall not constitute a breach of these Terms and Conditions or any Program Terms by BLOOMKEY.
BLOOMKEY acts as agent for Old Republic Home Buyer Protection Corporation in connection with the sale of their home warranty plans. The plan fee is to be paid at closing and includes the full amount of fees due and payable to Old Republic Home Buyers Protection Corporation for plan administration and provision of service, as well as optional reimbursement to BLOOMKEY based on a good faith estimate of the value of its services and expenses incurred in promoting, selling, processing and advertising the plan.
See BLOOMKEY's Privacy Policy.
Laws regarding real estate agency relationships vary from state to state. It is important that you have a familiarity with the potential real estate agency relationships. Click here for information about agency and how it affects you.
BLOOMKEY is a proponent of federal and state fair housing laws. For information about our Fair Housing Policy, CLICK HERE.
We reserve the right to report any wrongdoing, if and when We become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Web Site, Your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. We shall be entitled to participate in such defense at Our own cost and expense.
BLOOMKEY WEB SITE(S) AND OUR SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW BLOOMKEY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. BLOOMKEY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
Limited time and other incentive offers are subject to offer and change without notice and no refunds will be made to existing customers for presently listed properties whose listing agreements were executed prior to or subsequent to incentive offering. When offered, matching of like Internet offers of other flat fee MLS listing companies shall be limited to matching the advertised price of other current, valid Internet offers for the flat fee Realtor® MLS entry only of residential properties in the exact same MLS area where the property is located. Offer is not intended as an offer to match any or all product and/or service inclusions of other companies MLS listing packages or programs other than Realtor® MLS listing entry. Only valid in areas where BLOOMKEY has coverage. Notification of matching offer must be made prior to registration and submission of MLS listing to BLOOMKEY. BLOOMKEY has no control over the advertising of other companies and/or their websites as to the inclusion of services and products with MLS listing package and shall not be liable for claims or offerings made by other companies and/or websites. BLOOMKEY's offering shall be limited to the items and services contained on this website only as may be modified from time to time without notice.
BLOOMKEY reserves the right to provide products of similar value and nature in the event of product unavailability or discontinuation. In the event of cancellation by customer, BLOOMKEY reserves the right to charge an administrative fee for processing along with any applicable shipping and charges for products already shipped. No refunds shall be made after input of MLS listing except as noted below.
BLOOMKEY WORKS TO MAINTAIN ITS WEB SITE AND SERVICES, BUT IS NOT RESPONSIBLE FOR DEFECTS THAT MAY EXIST WITHIN ITS WEB SITE OR ANY RESULTING LOSS OF PROFITS OR OTHER DAMAGES. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." BLOOMKEY AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR BLOOMKEY'S SERVICES IS AT YOUR OWN RISK. BLOOMKEY AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR BLOOMKEY'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLOOMKEY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
This site is created and controlled by BLOOMKEY in the Commonwealth of Virginia, USA. As such, the laws of the Commonwealth of Virginia will govern these terms, conditions and disclaimer, without giving effect to any principles of conflicts of laws. BLOOMKEY reserves the right to make changes to the site and these disclaimers, terms, and conditions at any time. Headings are for reference purposes only.
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by BLOOMKEY, or to any acts or omissions for which you may contend BLOOMKEY is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Richmond, Virginia. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by BLOOMKEY. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Richmond, Virginia. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND BLOOMKEY WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using BLOOMKEY's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BLOOMKEY, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Richmond, Virginia. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THIS WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
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