Reasonable Realty LLC DBA BlueMatch herein referred to as “BlueMatch” provides this website and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. Please also note that this is not a listing agreement (“Listing Agreement”), which must used by any user seeking to sell a property; in the event of a conflict between the provisions of a Listing Agreement you enter into and the provisions of these Terms and Conditions, the Listing Agreement shall in all respects be controlling. You understand and acknowledge that the Services are provided to you exclusively under these Terms. By visiting this website or any of its sub-domains and accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. As used on this website or any of its sub-domains, the terms “you” refers to all users of this website, the terms “we”, “us”, or “our” refer to BlueMatch or its affiliates, agents, or strategic partners and other third parties that it engages with (which may also be referred to as “BMAA”. “Sellers” refers to users who list their properties on this website. “Buyers” refers to users who register to utilize BlueMatch to consider or purchase your property or schedule a home visit appointment with a “Seller.” “Customers” refers to all users of this website who purchase any product or Service on this website, including without limitation listing their properties on the website or purchasing products and/or services from BlueMatch.

The purpose of this website is to assist homeowners with selling their home without paying a full commission. These Terms apply to all users of this website. If you do not agree to these terms and conditions, do not access this website or post any listings on this website. This website is owned and operated by Reasonable Realty LLC, a Colorado corporation.

1. MODIFICATIONS TO THE TERMS

BlueMatch may change the Terms from time to time. We will notify you of any such changes via email and/or by posting the changes on the BlueMatch website. Each time you access the website, you acknowledge and agree to the Terms then present on the website and in effect. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.

2. PRIVACY

As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be in accordance with the provisions of our Privacy Policy, which is available on our website. Given the nature of the services provided by BlueMatch, all property listing information submitted by you will be treated in a non-confidential manner unless otherwise specified by you.

Use of Information: We request information from you for our own legitimate business purposes, and not for the benefit of any non affiliated party. Therefore, we will not release your information to non affiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; (2) as necessary to provide ancillary services that are requested by you; and/or (3) as required by law. We may, however, store such information for up to 10 years, including the period after which any customer relationship has ceased. Such information is primarily used for compliance with State Real Estate Commission regulations, but may also be used for quality control efforts or customer analysis.

Ancillary services include, but are not limited to title companies, escrow companies, affiliated buyer's agents, mortgage lenders, professional photography services, and unaffiliated buyer's agents.

3. YOUR ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality and integrity of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, YOUR SHARING OF SAME WITH OTHERS, A BREACH OF SUCH INFORMATION BY A THIRD PARTY, OR YOUR FAILURE TO OTHERWISE COMPLY WITH THIS SECTION.

4. REGISTRATION

Registration consists of creating a listing (whether or not the listing is completed and a plan is purchased). If you register as a BlueMatch user, you accept responsibility for all activities that occur under your username and password, and agree not to sell, transfer or assign your rights. By registering and/or posting materials (as defined below), you hereby understand and agree that you have established a business relationship between you and BlueMatch. As such, you agree that BlueMatch may contact you using the information you provided with information and offers of services available through BlueMatch and any of its affiliates and related entities, as well as all third-party affiliates and partners. If you believe someone has accessed this website using your username and password without your authorization, email us immediately at info@bluematch. Because email or phone is used to provide certain notifications and services, you must consent to receive email or to receive telephone calls (even if your phone number is or later appears on any DO NOT CALL list) from BMAA.

5. USER INFORMATION

You acknowledge that you are over 18 years of age.

In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to timely maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete you are solely responsible for such errors or inaccuracies and any consequences arising from the lack of accurate information. If we reasonably believe that any information you have provided is not currently accurate and complete, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future services to you. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account or password, including for all User Content (as defined below) that you (or anyone using your account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, non-commercial purposes only and that your use of the Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on our website, rather than as a commercial enterprise for a third party.

You agree not to use the Services to do any of the following:

  • post images from other websites
  • insert links to other websites
  • use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages
  • use our website to promote or advertise anything except the sale of your property
  • collect information (such as name, address, and contact information) about Sellers or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property
  • violate any local, state, national or international law
  • stalk, harass or harm another individual
  • collect or store personal data about other users
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
  • interfere with or disrupt the Services or servers or networks connected to the BlueMatch website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the BlueMatch website
  • submit, post, store or transmit any (a) User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; ( c ) User Content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. USER-PROVIDED INFORMATION AND CONTENT

For purposes hereof, “User Content” means materials and information you provide to BMAA hereunder, including any real estate listing data, photographs or other related materials, and all text, audio, artwork, pictures, logos or images you provide, including without limitation, any materials relating to you or your property. By providing information to, communicating with, and/or placing material on this website, including, for example, communication during registration, communication on any BlueMatch message or chat area, blog, posting any listing or other User Content (including without limitation written, graphical or video content) you represent and warrant: (i) you own or otherwise have all necessary rights to the User Content you provide and the rights to use it as provided in these Services; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms; (iii) the User Content will not cause injury to any person or entity; and (iv) if you post a property listing, that you are the owner of the property and have the consent of any and all co-owners of the property, and that all such co-owners collectively possess all necessary rights, title, and interests in such property to list the property for sale.

For all such information and material provided, you grant BMAA, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information and material, in any form, media, software or technology of any kind now existing or developed in the future.

You also grant BlueMatch the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note that BlueMatch does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to BlueMatch. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against BMAA regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

7. COPYRIGHT INFRINGEMENT

BlueMatch respects the intellectual property rights of others and expects the users of this website to do the same. It is BlueMatch’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), BlueMatch will respond expeditiously to claims of copyright infringement committed using this website that are reported to BlueMatch’s Designated Copyright Agent. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through this website by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to BlueMatch‘s Designated Copyright Agent. Upon receipt of the Notice, BlueMatch will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website. If BlueMatch removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that the user can contest the removal or disablement.

In order to report alleged copyright infringement, please provide the following information to our Designated Copyright Agent:

A. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by the Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

B. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

C. Provide your mailing address, telephone number, and, if available, email address.

D. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

E.Provide your full legal name and your electronic or physical signature. Deliver the Notice, with all items completed, to BlueMatch’s Designated Copyright Agent:

8. CONSENT TO COMMUNICATIONS FROM BLUEMATCH

From time to time, BlueMatch will communicate with you via email or telephone about announcements, home listing expiration warnings, new features, products and other services offered by BlueMatch, affiliates, affiliated businesses, and companies you have consented or requested to work with. By using or enjoying the services of BlueMatch, you expressly consent and opt-in to receive communication via email or telephone from BlueMatch, affiliates, affiliated businesses, and companies you have consented or requested to work with.

9. DEALINGS WITH PARTNERS, AFFILIATES, AFFILIATED BUSINESSES AND COMPANIES YOU HAVE CONSENTED AND/OR REQUESTED TO WORK WITH

Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from affiliates (including real estate brokers or agents), affiliated businesses, and companies you have consented or requested to work with found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such affiliates, affiliated businesses, and companie(s) you have consented or requested to work with. ACKNOWLEDGE, UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BLUEMATCH BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS, INDEPENDENT CONTRACTORS OR SPONSORS ON OR THROUGH THE SERVICES OR FOR ANY INFORMATION THAT YOU PROVIDE OR FOR ANY HARM RELATED THERETO. You understand and acknowledge it is solely your responsibility to determine whether you have purchased a service through a partner, advertiser, independent contractor or sponsor as opposed to through BlueMatch directly.

10. EXTERNAL LINKS

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s website administrator or webmaster. BLUEMATCH SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, non-commercial use only.

12. TERMINATION

You may discontinue your participation in and access to the Services at any time by emailing info@bluematch.com.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR AS TO NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE BLUEMATCH WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANY OTHER AFFECTED COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUEMATCH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BLUEMATCH OR IT'S OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, PARTNERS, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:

  • the use or the inability to use the Services
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services
  • the unauthorized access to or alteration of your transmissions or data
  • statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights
  • your failure to adequately safeguard your password or access to the Services
  • any Services Content you access through the services, including, but not limited to, any errors or omissions in any Services Content, or your use of or reliance on any Services Content posted, emailed or otherwise transmitted through the Services
  • the termination of your access to or use of the Services as provided herein
  • the deletion or failure to store any information or data, communications or User Content maintained or transmitted by or through the Services
  • any modification, suspension or discontinuance of the Services (or any part thereof) or these Terms
  • the use of or reliance on any Services Content, goods or services available on any other websites that you access through the Services
  • any actual or anticipated real estate transaction
  • any other matter relating to the Services or these Terms
15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BlueMatch, its affiliates, officers, directors, employees, shareholders, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims (including but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement), liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from or relating to any allegation regarding:(1) any information that you (or anyone using your account) submits, posts or transmits through the Services and used by BlueMatch, (2) your (or anyone using your account’s) use of the Services, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity, (5) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the BlueMatch website or other Services, or (6) your use of BlueMatch.

17. TRADEMARKS

Certain of the names, logos, and other materials displayed on the BlueMatch website constitute trademarks, trade names, service marks or logos (“Marks”) of BlueMatch or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

18. MODIFICATION OF SERVICES

We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the website with or without notice to you. Modification of the Services can include, but is not limited to, any change to the website or content contained therein, changes to the administrative tools or functionality of the website, modification of the “look and feel” of the website, changes to the format of a property listing or any other part of the website, and the inclusion of advertising links in association with a property listing or other content available on the website. Temporary discontinuance of the Services could be for a variety of reasons, including, without limitation, technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the website. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.

19. SURVIVAL

BlueMatch’s (and its licensors’) proprietary rights (including any and all intellectual property rights) in and to the Services Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.

20. EQUAL HOUSING OPPORTUNITY

All real estate property advertised on our website is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate, which is in violation of the law. For more information, see: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp

21. CONTACT US

For more information, please contact us at info@bluematch.com