Please read this information carefully and print and retain this information electronically for future reference. This is a binding contract.
Updated December 17, 2009
PLEASE NOTE, TERMS AND CONDITIONS GOVERNING USE OF THE BLOOMKEY.COM WEBSITE ARE NOW LOCATED AT: http://www.bloomkey.com/real-esate-blog/terms
THIS BLOOMKEY CUSTOMER AGREEMENT ("AGREEMENT" OR "BLOOMKEY.COM CUSTOMER AGREEMENT") IS A BINDING AGREEMENT BETWEEN REALTY THRIFT, LLC ("BLOOMKEY" OR, if applicable, "BROKER") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU", "SELLER", "BUYER", "CUSTOMER" OR "USER"). THIS AGREEMENT INCORPORATES BY REFERENCE (1) THE PRIVACY NOTICE ("PRIVACY POLICY"), (2) CONSENT TO ELECTRONIC DISCLOSURES ("CONSENT TO ELECTRONIC DISCLOSURES"), (3) THE BLOOMKEY AGENCY POLICY ("AGENCY POLICY") AND (4) THE TERMS AND CONDITIONS OF WEBSITE USE ("TERMS OF USE") POSTED ON WWW.BLOOMKEY.COM, AS THEY MAY BE MODIFIED BY BLOOMKEY FROM TIME TO TIME.
BY CLICKING THE "ACCEPT" OR "I AGREE" BUTTON FOR THIS AGREEMENT OR ACCEPTING ANY MODIFICATION TO THIS AGREEMENT IN ACCORDANCE WITH SECTION ENTITLED "MODIFICATIONS TO THIS AGREEMENT" BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" SHALL MEAN SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
Modifications to this Agreement
You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement (collectively, "Additional Policies") at any time by posting a revised version of the Agreement or such Additional Policy on the Bloomkey Website. The revised terms shall be effective as follows:
* if the revised terms are (a) for any Paid Services which we are adding at the time of the revision, (b) for Bloomkey Property Listing Services, (c) for the Privacy Notice, (d) for the Terms of Use, (e) for any Buyer Rebate Services, (f) for any other general terms and conditions applicable to our services, web sites or other properties, or (g) for any Free Service, then the revised terms shall be effective upon posting (unless we expressly state otherwise at the time of posting); and
* if the revised terms are otherwise for any then-existing Paid Services, then the revised terms shall be effective upon the earlier to occur of (a) seven (7) days after posting and (b) if we provide a mechanism for your immediate acceptance of the revised terms, such as a click-through confirmation or acceptance button, your acceptance.
By continuing to use or receive the Services after the effective date of any revisions to this Agreement or any Additional Policies, you agree to be bound by the revised Agreement or any revised Additional Policies. It is your responsibility to check the Bloomkey Website regularly for changes to this Agreement or the Additional Policies, as applicable. We last modified this Agreement on the date set forth at the top of this Agreement.
When you list your property
and/or otherwise 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 or Canada;
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. Online Help Desk, email and other Internet electronic communication is the primary method of support communication. If you are unable to check your e-mail on a daily basis, it is recommended that you NOT list your property with Bloomkey. Support may be limited or not available on weekends, after business office hours or on holidays.
When you purchase an MLS Listing Package from Bloomkey in Bloomkey's licensed coverage areas where Bloomkey is a member of the Multiple Listing Service Bloomkey is providing a limited service to Seller for a fee. 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. Purchase of an MLS Listing Package from Bloomkey does not in and of itself 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. Generally, unless otherwise agreed in writing, Bloomkey's service consists of Ministerial Acts, acts which a broker or affiliated broker licensee performs for a person which do not require discretion or the exercise of the broker of affiliated licensee's own judgment. Bloomkey or an affiliate broker 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 a Multiple Listing Service directory; providing you with pre-printed forms; providing you with introductions to or links to one or more 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 unless agreed to in writing. Examples of services that are not generally provided include: suggesting a sales price', negotiating with buyers, showing the property or attending closing or settlement. 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(s). 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.
When you purchase an MLS Listing Package in areas outside of Bloomkey's licensed coverage areas and Multiple Listing Service memberships, the service you are purchasing from Bloomkey is placement with and/or referral to a Bloomkey affiliate broker and/or brokerage company licensed in the state in which your property is located. Your registration and purchase from bloomkey is indication of your acceptance of the placement with the Bloomkey affiliate broker licensed within the state where your property is located. Signs and/or other products and services included in your purchase may come directly from the affiliate broker and may vary in appearance, style, value and/or description from those shown on the website. As a condition of listing property for sale in the Multiple Listing Service (MLS) you agree to complete, sign and return all required paperwork and documentation without modification as requested by the listing broker including, but not limited to, the exclusive Listing Agreement, Agency Disclosures, Property Disclosures, Property Data Forms and any other forms required by state law or the MLS either in the electronic or paper form as provided. You acknowledge that Bloomkey has no control over or liability for the services of third party affiliates and is not responsible for the action(s) and/or failure(s) to act in any manner of these affiliates on your behalf. Non-consummation of a listing agreement and/or other required paperwork for your property and/or dissatisfaction for any reason other than the inability to place the property into the MLS system as indicated at the time of purchase by the Bloomkey affiliate broker to whom you have been referred placed is not grounds for refund or cancellation of your purchase from Bloomkey.
When you purchase a FSBO-Realtor.com Only or FSBO Website Blast ad, or other non-MLS listing package advertisement, from Bloomkey you are purchasing a classified advertisement. No agency relationship with Bloomkey shall be established or implied. You agree to notify Bloomkey when your property sells or is otherwise removed from the market and/or of any changes of status, condition or selling price and/or terms of the property so that we may update your information on the various websites where your property information is distributed.
LOCKBOXES: 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.
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 or your local Bloomkey affiliate broker may be able to provide additional brokerage services to you for an additional fee.
If you are purchasing a package or listing product from Bloomkey which contains a listing of your property in the Multiple Listing Service (MLS) you should be aware that there are numerous MLSs throughout the United States and Canada and that coverage areas may overlap. If your property is to be placed into the correct MLS, you and you alone must determine in advance that the package you are purchasing is for the MLS that is the primary MLS for your property's location and/or that you are satisfied with your MLS listing package selection. Bloomkey does not offer listing in every MLS system available and Bloomkey cannot be responsible for selecting the appropriate MLS for your property. To determine that the MLS is the correct MLS for your property you are advised to contact your local Association of Realtors® prior to purchasing an MLS listing package from Bloomkey. For a list of local associations you may contact your state's Realtor® Association.
Posting and/or display of MLS property information and/or image(s) on some 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. Some thirrd party sites limit exposure to particular types of property; for example, lot/land properties only. We do not have any control over what categories other website(s) choose to omit from their feed(s) or in which categories any of the sites choose to omit in their display even if they receive it in the feed from MLS or bloomkey. Also, MLSs, Realtor.Com and/or other property content syndicators will occasionally terminate or alter their relationships with certain websites. Your listing should be available on a wide variety of websites both listed and unlisted on bloomkey.com throughout the course of the listing, however a relationship or syndication may terminate at any time without notice. Also, a syndication or feed may have been terminated before you sign up. We will attempt to immediately update the site when we are made aware and can verify that the syndication or feed was terminated but due to the large number of sites that receive our property data, we are not able monitor all terminations. You are encouraged to check for bloomkey listings on the sites on which you would like your property to be listed be on in advance. Should a syndication cease in the middle of a listing for reasons beyond our control, it shall not be considered a breach of the services or a misrepresentation of services. Should a syndication no longer be available at time of listing but we were unaware that said syndication was terminated or recently made aware but did not have reasonable time to verify and remove the website from this site, it shall not be considered a breach of services or misrepresentation of the offering. Also, new syndications and other offerings added to our services after listing may not always be added to existing clients. Brokerage shall not be required to re-establish any display that was terminated if an additional expense is involved to re-establish it. Century-21.com®, ReMax.com®, Prudential.com®, Coldwell Banker.com® and many brokerage websites display property data from an MLS feed. In some cases they do not publish the entire IDX feed. Any sites listed are typically registered trademarks of the site holder and we make no representation that we have ownership in any of these sites. 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. Many websites publish only residential properties. If your property is a commercial property or a residential building with 3 or more units (which may be considered commercial), it may be not appear on websites other than bloomkey.com.
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, products and/or other limited real estate brokerage services, fees may be due and payable dependent upon 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. Because Bloomkey is not present with you as a traditional agent would be, Bloomkey has no way of knowing whether or not you are complying with MLS rules and regulations such as reporting sales and settlements. Fines may be assessed for your failure to meet certain requirements of your Agreement with Bloomkey and/or Bloomkey's affiliate brokers based on MLS Rules and Regulations or State Law or other requirements of listing with Bloomkey as outlined in the Bloomkey Listing Agreement. Any fines assessed against Bloomkey and/or your local Bloomkey affiliate broker for your failure to comply with these terms will be passed on to you. Additional terms and conditions are outlined in your Listing Agreement with Bloomkey. To determine what fines or fees, if any, are applicable , please call 1-800-974-6657.
Because the MLS is, by definition, a cooperative association of real estate agents and brokers, certain MLSs may require that you offer compensation to buyer agents as a prerequisite of listing in the MLS. This fee is due and payable at settlement under the terms of the Listing Agreement. This 'buyer agent fee', if applicable, is not in any way set or controlled by Bloomkey. Further, certain affiliate brokers to whom you are referred for MLS listing may require that you offer a specific minimum percentage or flat-fee amount to buyer agents who procure a ready, willing and able purchaser for your property as deemed customary, appropriate and/or advisable by the broker in order to affect a sale. In such cases, as part of your MLS listing agreement, you must indicate the amount of such compensation in order to be listed in the MLS. Your decision not to offer compensation as required by the MLS or affiliate broker is not grounds for cancellation of your Bloomkey MLS Listing package purchase.
MLS, Realtor.com as well as Broker IDX websites and some others do not allow for the posting of personal contact information for the owner(s) of properties for sale. Any attempts to post contact information in the remarks sections of the MLS, Realtor.com or Broker IDX sites or within the images associated with a property may result in your being assessed a fine.
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 such as relocation companies associated with your relocation and/or transfer. All third party referral fees shall be your responsibility and shall be paid by you. Bloomkey shall not be held responsible for any third party referral fees whether disclosed or undisclosed at the time of listing.
If you elect to purchase property listing services from Bloomkey for property(ies) in areas outside of Bloomkey's direct licensed coverage areas, you agree to allow Bloomkey to provide certain details on a non-anonymous basis to third party affiliates who are, in most cases, appropriate members of the Multiple Listing Service and part of Bloomkey's affiliate 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 affiliates. In such events, Bloomkey may refer a real estate professional to you, but Bloomkey does not engage in any real estate brokerage services on your behalf. Real estate brokerage services are provided by the locally licensed real estate professional that you have been referred to you by Bloomkey. The terms of any agreement between a third party real estate professional and you are not endorsed, recommended or otherwise known to or by Bloomkey. Bloomkey may receive payment, including, but not limited to a referral fee that may be a flat fee or percentage of the sales price for services rendered. Your registration with Bloomkey and use of Bloomkey's services constitutes 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.
Property Listing Package 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) ("Payment Plan") method to finance your purchase you hereby agree to make payments on a monthly basis for the term of your purchase ("Payment Term"), as outlined in the listing package description, until all payments and the entire balance is paid in full. The payment(s) due date(s) ("Payment Due Date") will generally fall on or about the same day of each month approximately 30 days from your original purchase date ("Payment Period") and will automatically be debited from your credit/debit card account on the Payment Due Date for each Payment Period. If you have elected to use PayPal® as your method of payment, you will need to send your PayPal® payment to paypal@bloomkey.com on or before the Payment Due Date each Payment Period until the entire balance has been paid. You hereby agree that the entire balance is due and payable in all events, 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 cancel your listing and/or remove the property from the market or any other reason. Your payments will continue to be debited from your credit/debit card or sent by you from your PayPal® account or otherwise paid in U.S. funds by the due date of each Payment Period until the entire balance due has been paid. If you withdraw, release, or otherwise remove the property from the market in any manner, you agree that the entire balance shall be immediately due and payable. You agree to thereupon inform bloomkey of such and to remit the remaining balance due, if any, immediately. If your property goes under contract at any time prior to the end of the Payment Term and prior to the balance being paid in full, payments will continue to be deducted each Payment Period until the balance is 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 balance of payments due to Bloomkey at the time of settlement or as soon thereafter as possible. If, during the term of your payment plan, your credit/debit card is declined and/or you otherwise default on your agreement to make payment to Bloomkey within 7 days of your Payment Due Date during any Payment Period, you hereby agree that the entire balance of remaining payments shall be accelerated with all remaining payments becoming immediately due and payable on the 7th day after the missed Payment Due Date and further agree to remit the entire remaining balance immediately. Further, if collection methods are required to collect any balance or amounts owed to Bloomkey, you agree to bear the cost of reasonable attorney fees and/or collection costs associated with collecting this debt.
Bloomkey accepts American Express Card, Discover Card, MasterCard, VISA credit and debit cards. We do not add any surcharges to your credit or debit card.
When using a credit or debit card as payment, the card is charged immediately following the authorization.
By clicking the 'Checkout' button you hereby agree to allow Realty Thrift, LLC dba Bloomkey to charge your credit card for the amount indicated.
You hereby agree that use of this electronic form constitutes your approval of the charge and waive your right to sign an individual sales slip for the amount of the charges and to guarantee Bloomkey payment for the items and/or services purchased.
You hereby acknowledge that you are over 18 years of age and that the credit/debit card you are using belongs to you and that you are authorized to use the card account for the items/services purchased. You hereby agree that in the event collection methods are necessary to enforce the payment of the amount indicated as owed, you agree to pay all costs associated with the collection of such amounts.
MLS Listing Packages Only. The following apply only to sellers of property who have elected to list their property in the Multiple Listing Service in Bloomkey's licensed coverage areas. When you elect to list your property for sale in the Multiple Listing Service their are certain Requirements of Listing that a seller must comply with when working with a limited service company such as Bloomkey. Because the MLS belongs to a cooperative membership of real estate brokers relied upon for its accuracy, it is vital to the organization that the data within the MLS is kept up to date and error free as possible. Additionally, in order to place a listing in the MLS, state licensing and membership in the National Association of Realtors and local MLS are required. State licensing laws require that the listing broker associated with your property listing keep copies of all purchase contracts and addenda relating to the transaction and placed in the MLS by the broker. Since a limited service broker, such as Bloomkey, is not there with you like a traditional broker would be when you, for instance, receive a purchase contract for your property, they have no way of knowing when and how to update the MLS or ability to comply with state law without your assistance.
Therefore as a requirement of listing in the MLS, sellers must agree to update their MLS listing broker as soon as they receive an executed contract or purchase offer for their home or property. This requirement includes delivering to the listing broker by overnight mail or electronically, via fax or help ticket attachment, a copy of the purchase agreement and all related addenda within 24 hours of the date of the last signature or initial to finalize the agreement. Also at the time of settlement, a copy of the HUD-1 or other settlement statement must be delivered to listing broker within 24 hours of closing or settlement.
After a contract for the property is received, the seller must notify the listing broker in a method as stated above of any changes to the contract terms, closing date and/or if any contingencies are added to or removed from the contract. Also, as a seller of property in the MLS, it is imperative to notify the listing broker of any changes in the listing price, status and commission payable to a buyer's agent or anything else that affects the information about the property as it pertains to the MLS listing and sale of the property. There are fines associated with not keeping MLS listing data up to date. If the MLS limited service broker fails to comply with MLS rules regarding the maintenance of accurate listing data, even through no fault of their own because the seller has failed to notify them, the MLS will often fine or otherwise penalize the listing broker. Because of the low cost of the flat-fee MLS listing service, these fines or penalties must be passed on to the sellers who are responsible for notifying the listing broker in order for limited service companies to continue to provide their valuable services. For this reason, limited service brokers like Bloomkey require either a credit card on file or deposit to ensure that the Requirements of Listing in the MLS as outlined in the Listing Agreement are enforced.
These are the Requirements of Listing in the MLS with Bloomkey acting as your licensed broker MLS member:
1) Seller agrees to notify Broker, in writing, by overnight mail, fax or Help Desk Ticket within 24 hours in the event any of
the following occur:
i. Seller decides to change the Listing Price or Cooperating Commission;
ii. Seller decides not to sell the Property;
iii. Seller enters into a contract to sell the Property;
iv. Any addenda are subsequent added to the Contract for Sale.
v. The Pending status or Settlement Date of the real estate transaction for the Property is
modified.
vi. Any material fact(s) affecting the Property arise during the duration of the listing or prior to settlelment.
2) Seller, upon entering into a purchase agreement for the Property, agrees to promptly deliver to Broker, by
overnight mail, fax or email a complete copy of the purchase agreement contract including all addenda
and amendments and any subsequent addenda or amendments within 24 hours of execution.
3) At time of purchase agreement execution or, as soon as feasibly possible thereafter, Seller will advise
Broker, in writing, by overnight mail, fax or email of the following:
i. the amount, if any, of earnest money deposit paid by buyer along with the name, and
contact information of the individual or entity responsible for holding the deposit;
ii. the name and contact information of any cooperating broker;
iii. the name and contact information for the settlement agent or attorney who will perform the
settlement of the purchase agreement for the Property.
4) Upon settlement of the Property, Seller agrees to deliver or cause to be delivered to Broker by overnight
mail, fax or email, within 24 hours of the settlement date, the following documents and/or information:
i. Seller(s)’s forwarding address and contact information;
ii. Copy of the HUD-1 settlement statement or other closing statement.
5) If provided by Broker, Seller must return, at Seller's expense, leased or borrowed Realtor® key lock box
to Broker at Broker's corporate office location no later than ten (10) days after Property settlement occurs.
6) If it is a rule and/or regulation of the local Multiple Listing Service (MLS) that Propertie's listed in the MLS may not display a "For Sale By Owner" sign or signage that otherwise indicate that the Property is being sold "By Owner", a "For Sale" Sign shall be obtained from Broker, and unless prohibited by local ordinance or subdivision regulations, Seller must
prominently display Broker's company "For Sale" yard sign for the duration of the Listing Period. In such instances, Seller may not display a 'For Sale By Owner' sign or other personal contact information on their yard sign. If allowed by MLS rules and regulations, Seller may elect to display no sign at all.
7) Seller must provide a minimum of up to 3 photo images of the Property
where required by MLS regulation either prior to or contemporaneously with the Listing Date and MLS data entry.
8) Any other rule or regulation of the MLS and/or requirement by state law as may be adopted or enforced during the Listing Period.
Card Held On File. By clicking on the "Checkout" button on the following page, you agree to the above, and you consent to having your credit card information held on file for the duration of your MLS Listing and to update Bloomkey with new credit/debit card information if the credit/debit card associated with your listing expires or is cancelled or if you change your billing address during the listing period or prior to settlement. Fines and Penalties. With regard to the above listed ‘Requirements of Listing in the MLS’, Sellers of Property through Bloomkey who have elected to list their properties in the MLS, in addition to the fees for services and or products purchased, here by agree to pay Broker any and all fines and/or penalties assessed for failure to comply as indicated in the MLS Listing Agreement. Seller
hereby waives their right to sign an individual sales slip for each charge to their credit/debit card for
these fees. Seller hereby agrees to pay any fees associated with the collection of these amounts including reasonable attorney's fees in the event charges are not able to be processed through the
Seller’s credit/debit card on file.
How to Contact Us. You can contact us by Online Help Desk (preferred method) or by calling us toll-free at (800) 974-6657, by faxing us at 1-866-317-3872 or by writing to us at Bloomkey P.O. Box 66, Ashland, VA 23005.
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, in no event may you may 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 based Real Estate Company and, as such, many of the services, information, forms, intellectual property and tools are made immediately available at the time of purchase and are non-tangible and irrevocable. Therefore all purchases of MLS listing and/or other property listing packages where access is provided to the Member's area of this site are non-refundable.
The following policies apply to only to refunds for 'a la carte' product purchases made from Bloomkey - not MLS Listing package purchases: 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 templated webpage, uploading of photos, downloading of real estate contract forms or addenda, marketing materials, etc.
In any event, there shall be NO refunds for purchases from Bloomkey after access to the Member's area has been granted, MLS data entry has been performed, submission of referral services have been rendered and/or product shipping, as applicable, whichever occurs first.
Customers of Bloomkey may cancel their MLS listing at any time and receive a partial refund (up to $400.00 but not greater than the amount actually paid) of the flat fee MLS listing fee paid to Bloomkey under the following terms and conditions:
NOTE: The amount of the referral fee received by Bloomkey must be in excess of the fee paid by you for your listing with Bloomkey in order for you to receive a refund. Bloomkey will retain a minimum of 80% of the referral fee received. In the event that the referral fee received by Bloomkey is less than the fee paid by you to Bloomkey, Bloomkey will retain the entire referral fee. In no event shall the refund amount exceed the amount paid by you to Bloomkey.
Periodically offered rebate specials on MLS listing packages must be requested in writing.
Bloomkey may, from time to time, offer special, limited time offers and/or discounts ("Specials"). These Specials are valid only at Bloomkey.com. These Specials may not be used in conjunction with any other special offers or discounts. Specials are not available with "Payment Plan" purchases. These Specials are of a limited time nature and subject to change or expiration without notice. Specials may not be applied to previous orders. Other exclusions may apply. Bloomkey reserves the right to modify or discontinue Specials at any time. Specials will be void if prohibited by law.
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.
Bloomkey shall under no circumstances have any liability greater than the amount it received from you for its services.
When you buy a home or real estate through Bloomkey's Flat Fee Buying Program you may 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 Buying Program to purchase a Property through Bloomkey you acknowledge and agree to these terms and conditions. You hereby agree to allow Bloomkey to represent you as either your 'buyer agent', 'dual 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. If applicable, it is your responsibility to confirm that the appropriate credit is made at settlement and appears on the settlement statement prior to settlement. Bloomkey Flat Fee Buying Program currently only available in certain MLS areas of California, Connecticutt, Georgia, Maryland, North Carolina, Pennsylvania, South Carolina and Virginia. Alternatively, you may allow Bloomkey to refer you to an affiliate providing buyer agent services. Affiliate buyer agent services terms and conditions may differ from those of Bloomkey's. Or 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 and/or buyer's 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) Schedule appointments to see homes notifying the showing agent or owner that Bloomkey will be acting as your agent. 3) Give the Bloomkey business card to the listing agent, showing agent and/or owner and inform them that Bloomkey is your broker and will be representing you in the sale. 4) Make any offer for the home through Bloomkey. 5) Conduct all contract negotiations and subsequent contact with the lising agent and/or owner 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. Offers must be within 95% of list price or appraised value, whichever is lower. This requirment may be waived at Bloomkey's sole discretion on a case by case basis. State law may require us to provide you with certain disclosures regarding agency relationships. If we provide such a Real Estate Agency 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 remuneration may be accepted and retained by Bloomkey in addition to the flat-fee charged by Bloomkey. The flat fee to be retained retained by Bloomkey is based upon the final property sales price as indicated on the HUD-1 or other settlement statement.
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 remuneration. 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 achieve 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 and/or other discounts or special offers from Bloomkey. 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 (hereinafter 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 estate 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 contractual 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 |
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| 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 qualifying transactions. |
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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, Louisiana, Missouri, 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 or SIMILAR 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 may request a copy of Bloomkey's Agency Disclosure policy by calling 1-800-974-6657.
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.
Term. The term of this Agreement ("Term") will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the "Accept" or "I Agree" button below and complete the registration process for your Bloomkey.com account. The Agreement will remain in effect until terminated by you or us in accordance with this section.
-Termination by You for Convenience. You may terminate this Agreement for any reason or no reason at all, at your convenience, by (i) providing us written notice of termination, ii) or in the case of an executed MLS Listing Agreement with Bloomkey as your Broker, in the form of signed Listing Release and (iii) closing your account for any Service for which we provide an account closing mechanism (iv) payment of any outstanding fees or other payments owed.
- Termination or Suspension by Us Other Than for Cause.
-- Free Services. We may suspend your right and license to use any or all Free Services and any associated Bloomkey.com or it's affiliate properties, or, if you are only using Free Services, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the Notice provisions set forth below
- Paid Services (other than MLS Listing). We may suspend your right and license to use any or all Paid Services (and any associated Bloomkey Properties), or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you seven (7) days' advance notice in accordance with the notice provisions set forth below.
- Bloomkey MLS Listing. We may suspend your right and license to use Bloomkey's MLS Listing Services and any associated Bloomkey Properties, or, if you are only using Bloomkey.com, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the notice provisions set forth above.
- Termination or Suspension by Us for Cause. We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause effective as set forth below:
-- Immediately upon our notice to you in accordance with the notice provisions set forth below if: (i) you attempt a denial of service attack on any of the Services; (ii) you seek to hack or break any security mechanism on any of the Services or we otherwise determine that your use of the Services or the Bloomkey Properties poses a security or service risk to us, to any user of services offered by us, to any third party sellers on any of our websites, or to any of our or their respective customers or may subject us or any third party to liability, damages or danger; (iii) you otherwise use the Services in a way that disrupts or threatens the Services; (iv) you are in default of your payment obligations hereunder and there is an unusual spike or increase in your use of the Services; (v) we determine, in our sole discretion, there is evidence of fraud with respect to your account; (vi) you use any of the Bloomkey Content or Marks (as defined herein) other than as expressly permitted herein; (vii) we receive notice or we otherwise determine, in our sole discretion, that you may be using Bloomkey Services for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; (viii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (ix) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
-- Seven (7) days following our provision of notice to you in accordance with the notice provisions set forth below if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such 7 day period.
-- Five (5) days following our provision of notice to you in accordance with the notice provisions set forth below if you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5 day period.
- Effect of Suspension or Termination.
-- Suspension. Upon our suspension of your use of any Services, in whole or in part, for any reason, (i) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the applicable Services shall be terminated during the period of the suspension.
-- Termination. Upon termination of this Agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) all of your rights under this Agreement shall immediately terminate; and (iii) you shall immediately return, or if instructed by us, destroy all Bloomkey Confidential Information and any Bloomkey Properties then in your possession.
- Survival. In the event this Agreement is terminated for any reason, with respect to payments that are accrued but unpaid at the time of termination will survive any such termination.
- Data Preservation in the Event of Suspension or Termination.
-- In the Event of Suspension Other Than for Cause. In the event of a suspension by us of your access to any Service for any reason other than a for cause suspension, during the period of suspension, (i) we will not take any action to intentionally erase any of your data stored on the Bloomkey server(s).
-- In the Event of Termination Other Than for Cause. In the event of any termination by us of any Service or any set of Services, or termination of this Agreement in its entirety, other than a for cause termination, (i) we will not take any action to intentionally erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination; and (ii) your post termination retrieval of data stored will be conditioned on your payment payment in full of any amounts due us, and your compliance with terms and conditions we may establish with respect to such data retrieval.
-- In the Event of Other Suspension or Termination. Except as provided hereinabove, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same.
- Post-Termination Assistance. Following the suspension or termination of your right to use the Services by us or by you for any reason other than a for cause termination, you shall be entitled to take advantage of any post-termination assistance we may generally make available with respect to the Services, such as data retrieval arrangements we may elect to make available. We may also endeavor to provide you unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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