Terms of Use

User Agreement

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.

Copyright

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.

Trademarks

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.

Links to other web sites

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.

Licensing

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.

DISCLOSURES/DISCLAIMERS

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.

USER'S RESPONSIBILITIES

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.

PROHIBITED ACTIVITIES

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.

INFORMATION POSTED TO WEBSITE

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.

DEALINGS WITH ADVERTISERS

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.

MESSAGE BOARDS

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.

PROPERTY WEBPAGES

BLOOMKEY will not routinely monitor the contents of your property webpages. You are solely responsible for any information contained in your webpage and property information flyer. However, if complaints are received regarding language, content, or graphics contained in your shows, Bloomkey may, at its sole discretion, remove the webpage hosted on Bloomkey's servers and terminate your membership. You may not use your webpage or flyers to publish material that Bloomkey determines, in its sole discretion, to be unlawful, indecent, or objectionable. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which Bloomkey concludes, in its sole discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. Any termination of any and all subscriptions for use of Prohibited Content as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. Objectionable content may include, without limitation:

1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.

2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.

3. Materials that hold Real Estate Shows including its affiliates, employees or shareholders up to public scorn or ridicule.

4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

ILLEGAL ACTIVITY

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Any termination of any and all subscriptions for Illegal Activity as defined herein is not eligible for any pro-rata refunds. Without limitation, you may not use the web site to:

1. Transmit obscene materials

2. Intentionally spread or threaten to spread computer viruses

3. Gain or attempt to gain unauthorized access to any network, including Bloomkeys's private network infrastructure

4. Access or attempt to access information not intended for you

5. Transmit pirated software

TYPOGRAPHICAL ERRORS

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.

Loan Pre-Approval Services

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.

Home Valuation Services

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 Program 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 Programs 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.

HOME WARRANTY

Bloomkey acts as agent for Old Republic Home Buyer Protection Corporation (Old Republic) solely for the sale of their home warranty plans (Home Warranty). Bloomkey provides no other service associated with the Home Warranty. Old Republic is solely responsible for the implementation of the Home Warranty. 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. Additional trade fees will apply for any/all service calls as outlined in the Home Warranty contract.

PRIVACY

See Bloomkey's Privacy Policy.

AGENCY

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.

FAIR HOUSING

Bloomkey is a proponent of federal and state fair housing laws. For information about our Fair Housing Policy, CLICK HERE.

INDEMNIFICATION

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.

DISCLAIMER OF WARRANTY AND LIABILITY

BLOOMKEY WEB SITE(S) AND 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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF BLOOMKEY SERVICES IS AT YOUR SOLE RISK. BLOOMKEY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLOOMKEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BLOOMKEY MAKES NO WARRANTY THAT (i) BLOOMKEY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) BLOOMKEY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BLOOMKEY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BLOOMKEY SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLOOMKEY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOOMKEY OR THROUGH OR FROM BLOOMKEY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

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 OFFERS

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.

SUBSTITUTION OF PRODUCTS

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.

Governing Law

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.

Dispute Resolution

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.

WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.