These terms of use (the “Terms of Use”) are a legal agreement between you and Bloom Studios, Inc. (“Bloom,” “we,” “us,” or “our”). These Terms of Use specify the terms under which you may access and use the website located at www.bloomoffer.com (the “Website”).
BY ACCESSING OR USING OUR WEBSITE, BY CLICKING “I AGREE,” OR OTHERWISE ACCEPTING THESE TERMS OF USE, YOU: (A) ACKNOWLEDGE THAT YOU READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS LOCATED AT WWW.BLOOMOFFER.COM AND HEREBY INCORPORATED BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”); AND (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. If you do not agree to any of these terms, then please do not use the Website.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity, and any employees, contractors, or agents authorized by you to access and use the Website pursuant to the terms of this Agreement (“Authorized Users”).
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
Welcome to the Bloom Website! The Bloom Website allows: (i) users of the Website (“Users”) that are real estate agents (“Agents”) to submit offers on behalf of home buyers (“Buyers”) and upload information and data from offer documents; (ii) Users that are sellers of residential real estate (“Sellers”) to accept offers; (iii) Users to populate and e-sign purchase documents and other related documents; and (iv) use other functionalities provided on the Website. The Website, its functionality, and features may be changed or updated by us from time to time in our sole discretion without liability to you.
By using and/or registering and/or providing any information on the Website, you certify that you are at least eighteen (18) years of age or of the age of majority in your jurisdiction. If you are under 18 years of age or of the age of majority in your jurisdiction, you must refrain from using the Website. In the event that we learn we have collected personal information from anyone under the age of 13, we will delete that information as quickly as possible. If you believe we may have information from someone under 13, please contact us at help@bloomoffer.com.
You represent and warrant that: (i) you have all required consents, licenses, and rights necessary to submit any information, data, documents, and content that you provide to Bloom and/or to any other User via the Website or otherwise; and (ii) if you execute or otherwise use any contracts provided via the Website, you have all consents, rights and licenses required to do so.
Our Website may use third-party services to allow you to perform certain actions on the Website. We encourage you to familiarize yourself with the terms of use and privacy policies of these third-parties before using the Website or before using third-party services through the Website, as these terms and policies are applicable to your use of such third-party services. We disclaim all liability related to the third-party services, whether or not offered through the Website.
From time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website, and the revised Terms of Use will be effective immediately upon posting. You are responsible for reviewing the most current version of the Terms of Use before using the Website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified.
If you want to access certain features offered by us, you may be required to create an account on the Website (“Account”) by providing certain information such as your phone number, email address, and/or username. You must provide complete and accurate registration information to Bloom and notify us if your information changes. In creating a username and profile, you may not use someone else's name or a name or image that violates our code of conduct.
If you choose to create an Account, you must treat information related to your Account as confidential, and you must not disclose it to any other person or entity. You are responsible for all activity performed and transactions entered into on or through your Account, and you agree that we may treat any activity performed or transaction entered into on or through your Account as authorized by you. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website contains material, such as software, text, graphics, images, sound recordings, and other material provided by or on behalf of Bloom or its licensors (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may view all Content for your own personal use, and no other use is permitted without the prior written consent of Bloom. Bloom and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way. We reserve the right to remove Content from our Website at any time for any reason without any notice to you.
If you violate any part of this Agreement, your permission to access the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Bloom (the “Bloom Trademarks”) used and displayed on the Website are owned by Bloom. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Bloom Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Bloom Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Bloom’s community, like any community, functions best when its Users follow a few simple rules. By accessing the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
The Website allows Users to submit, display or transmit to other Users or other persons (hereinafter, "post") messages, content, documents, or other materials (collectively, "User Contributions") on or through the Website.
You represent that you own (or have all rights necessary to grant Bloom the rights below to) all User Contributions that you submit to Bloom, and that Bloom will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Contributions.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. In addition, you waive any “moral rights” or rights of privacy or publicity in your User Contributions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Bloom, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other User of the Website.
We have the right to: (i) remove any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including but not limited to if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users, the Website, or the public, or could create liability for Bloom; and (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your correspondence or dealings with any third party found on or through the Website are solely between you and such third parties. You agree that Bloom is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such interactions.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
If you opt-in when this option is made available to you, we will send you notifications via text message to the telephone number provided by you, including but not limited to notifications regarding your Account, offers, and the status of relevant agreements and documents. You represent and warrant that the phone number provided is your personal phone number or that you have all required rights and consents to submit such phone number to us.
You may unsubscribe from future text messages at any time by sending an email requesting the same by replying "STOP" to our message or if you have an Account, by updating your notification preferences. For more on our data protection practices and your privacy rights, please visit our website to view our privacy policy.
YOU UNDERSTAND AND AGREE THAT BLOOM MERELY PROVIDES THE WEBSITE WHICH ALLOWS USERS INCLUDING AGENTS, BUYERS, AND SELLERS TO INTERACT, AND THAT BLOOM IS NOT A PARTY TO AND HAS NO RESPONSIBILITY FOR ANY OFFERS SUBMITTED, REJECTED, OR ACCEPTED OR ANY AGREEMENT OR TRANSACTION ENTERED TO BY ANY USERS. BLOOM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY DISPUTE BETWEEN ANY USERS OR ARISING FROM ANY OFFER SUBMITTED, ACCEPTED, OR REJECTED OR ANY AGREEMENT OR TRANSACTION BETWEEN ANY USERS. YOU ACKNOWLEDGE AND AGREE THAT BLOOM IS NOT RESPONSIBLE FOR RESOLVING OR ASSISTING IN RESOLVING ANY DISPUTE BETWEEN USERS. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT BLOOM) ARE RESPONSIBLE FOR OBTAINING ALL CONSENTS, LICENSES AND RIGHTS REQUIRED IN ORDER TO: (I) SUBMIT TO BLOOM ALL USER CONTRIBUTIONS AND ANY OTHER DATA, INFORMATION, AGREEMENTS, CONTENT, AND OTHER MATERIALS THAT YOU SUBMIT VIA THE WEBSITE OR OTHERWISE PROVIDE TO BLOOM; AND (II) EXECUTE OR OTHERWISE USE ANY AGREEMENT OR OTHER DOCUMENT AVAILABLE THROUGH THE WEBSITE.
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT ANY VERSE PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES LINKED TO THE WEBSITE OR OTHERWISE.
BLOOM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (I) ANY THIRD-PARTY SERVICE PROVIDERS OR THIRD-PARTY CONTENT OR SERVICES (IF ANY) OFFERED THROUGH THE WEBSITE; (II) THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (III) THE QUALITY AND SECURITY OF THE WEBSITE, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS; (V) THE ABILITY TO ACCESS THE WEBSITE OR THE CONTENT ON THE WEBSITE AT ANY PARTICULAR TIME; OR (VI) THE ADEQUACY OR SAFETY OF THE SERVICES OR ADEQUACY OF ANY OF THE CONTRACTS, DOCUMENTS OR OTHER MATERIALS OFFERED THROUGH THE WEBSITE FOR ANY PARTICULAR USER. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. BLOOM ASSUMES NO LIABILITY IF ANY THIRD-PARTY CONTENT OR SERVICE IS UNAVAILABLE OR IF YOU ARE UNABLE TO LOGIN TO YOUR ACCOUNT USING YOUR LOGIN CREDENTIALS.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.
WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF OR ARISING OUT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO FIFTY US DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
The Website may contain links to third-party websites (“External Sites”), such as MLS.com. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement (including but not limited to any breach of any representation and warranty); (ii) your misuse of the Content or the Website; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your violation of applicable law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
These Terms of Use are effective as of the last updated date stated at the top of these Terms. We may change these Terms of Use from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Website after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. Please refer back to these Terms of Use on a regular basis.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and the Website, and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
In the event of a dispute arising between you and Bloom under or relating to these Terms of Use or the Website (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Bloom, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Bloom will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. All claims or disputes arising out of or in connection with this Agreement shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of New York.
If the Agreement is terminated in accordance with the termination provision in Section 18 herein, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Representations and Warranties, “Intellectual Property,” “Communications with Us,” “Interactions with Other Users,” “No Warranties; Limitation of Liability; “Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
2024 Copyright Bloom Studio, Inc. All rights reserved.