Terms of Service
Updated February 23, 2024

Welcome and thank you for your interest in Bluebid Inc. (“Bluebid,” “we,” “our,” or “us”). By using our websites, networks, mobile applications, or other services provided by Bluebid (collectively, the “Service”), you agree to be bound by the following Terms of Service, as updated from time to time (the “Terms”).

Bluebid’s mission is to save the American Dream of homeownership by empowering every homeowner and homebuyer to engage directly and effortlessly. With this mission in mind, we strive to provide users with technology that helps facilitate communication between homeowners, homebuyers, and real estate professionals.

General

The Terms set forth a legally binding agreement between you and Bluebid governing your access to and use of the Service. If you do not agree to adhere to the Terms, do not access or use the Service. If you continue to access or use the Service, then your action will serve as your agreement to be bound by the Terms.

The Terms provide important information to you, including information about your obligations when using the Services, about Third Party Content (hereinafter defined) you access through the Service, Your Content (hereinafter defined) that you provide to the Service, about your communications and interactions with other Users (hereinafter defined) of the Service, and about the limits of our liability to you. By accessing or using any aspect of the Service, you acknowledge and agree that you have read, understand, and agree to be bound by the Terms. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Policy available at bluebidhomes.com/privacy-policy (“Privacy Policy”). We reserve the right to modify the Terms. The Terms apply to all visitors, users, and others who access our Service (“Users”).

Arbitration

Where permitted by applicable law, you agree to (with limited exception) resolve any claims between you and Bluebid through binding, individual arbitration rather than in court. These Terms contain a class action waiver and details regarding arbitration (including the procedure to opt out of arbitration) that should be reviewed carefully. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against Bluebid on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial on your claims.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Bluebid be liable for the cost of procurement of substitute goods or services, loss of profits, or for any special, consequential, incidental, punitive, or direct damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. Bluebid’s total liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise, shall not exceed $250.00.

Indemnification

You agree to defend, indemnify, and hold Bluebid and its employees, directors, officers, representatives, partners, and affiliates (the “Bluebid Entities”) harmless from and against all claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable attorneys’ fees and costs) made by any third party due to or arising out of (a) your use of the Service; (b) your violation of the Terms and any related agreements; (c) your failure to comply with applicable laws or regulations, including all fair housing laws and regulations; (d) your violation of any rights of any other party, including other Users; and (e) any other activity in which you engage on or through the Service. You agree that the provisions of this section survive and termination of your account(s), the Terms, and/or your access to the Service.

Disclaimers

Bluebid provides its Service on an “As Is” and “As Available” basis. To the fullest extent permissible under applicable law, Bluebid does not provide any express or implied warranties, conditions, or representations regarding the Service, and Bluebid and its service providers and licensors disclaim all warranties, conditions, and representation, whether expressed or implied, including, but without limitation, any warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, legality of use, accuracy of data, and noninfringement. Bluebid makes no representations or warranties, express or implied, to any actual or prospective buyer or seller of any property as to the existence, ownership, quality, safety, habitability, fitness for a particular use, quiet enjoyment, the existence or non-existence of liens, the existence or non-existence of encumbrances, and legal status (including but not limited to building code compliance and compliance with accessibility laws). Bluebid does not provide you with any financial, real estate, or related advice of any kind. Bluebid makes no representations or warranties, express or implied, as to any Third Party Content, and any such information provided, posted or shared in any way by Users.

Bluebid makes no guarantee that the Service will function without interruption or errors. Bluebid is not responsible for any errors in displayed information or delays in displaying information on or through the Services, including without limitation any Third Party Content. “Third Party Content” means Your Content (defined below) and any data, content, information, or other materials provided a third party, including, without limitation (i) such content and information other users of the Service provide to us or upload to the Service, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Bluebid Privacy Policy and (ii) content and information posted or provided by our service providers. Any use or reliance on any Third Party Content or other information on the Service or obtained by you through the Service, including information provided by Bluebid, is at your own risk. Bluebid does not guarantee the ability of any User to sell a property, or the integrity, responsibility, or any actions of any Users. Bluebid does not have any obligation to verify the identity or the persons using the Service, nor does Bluebid have any obligation to monitor the use of the Service. Bluebid disclaims all liability for identity theft or any other misuse of your identity or information by others. Bluebid is not responsible for, and Bluebid makes no representations or warranties regarding, the delivery of any messages sent through the Service.

Severability

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions shall continue in full force and effect as valid and enforceable.

Advisory: Wire Fraud and Other Scams

Unfortunately, wire fraud and email hacking and phishing attacks are rampant in the real estate industry. Bluebid will never ask you to wire or otherwise transfer any funds. No one, at Bluebid’s request, will ever ask you to wire or otherwise transfer any funds. If you are ever in receipt of emails, phone calls, text messages, or direct messages (on or off of the platform) requesting you to wire funds to Bluebid or pursuant to a request from Bluebid, immediately report the sender to Bluebid, legal@bluebidhomes.com, and do not respond to the request - this is a fraud attempt. You may receive email requests from senders with email addresses similar to Bluebid, but this is a scam. Criminals use email addresses that are very similar to the real one for a company. Under no circumstances will Bluebid ever ask you to wire or otherwise transfer any funds. Be wary, communications attempting to induce fraudulent wire transfers may appear to be legitimate. Never send personal information on the Bluebid platform (via direct messaging) and never send any financial information (via direct messaging). Such sharing of information increases the likelihood of wire fraud and other financial fraud and violates these Terms.

Eligibility

To use our Service, you must be at least 18 years of age. You may use our Service only if you can form a legally binding contract with us (and on behalf of your Organization, as applicable), and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. Our Service is not available to any Users we previously removed from our Service.

Account Management

Your account on our Service (your “Service Account”) gives you access to our Service that we may establish and maintain from time to time. We may maintain different types of Service Accounts for different types of Users. You acknowledge that you do not own your Service Account. You may not use another User’s Service Account without such User’s permission. You are solely responsible for the activity that occurs on your Service Account, and you must keep your Service Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Service Account. Any individual with administrator-level access to your Service Account can modify your Service Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your Service Account, or for any changes to your Service Account, including your ability to access your Service Account or Your Content (defined below), made by any individual with administrator-level access to your Service Account. You may control certain aspects of your Service Account profile and how you interact with our Service by changing the settings in your settings page. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of our Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting our Service support team at support@bluebidhomes.com or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.

Company and/or Organization

Please note that if you are an individual and you access or use our Service on behalf of a company or other entity, such as your employers (together with its affiliates, an “Organization”) then: (a) these Terms are an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have that authority, you may not access or use our Service); (c) your acceptance of these Terms will bind such Organization to these Terms; (d) your individual right to access and use our Service may be suspended or terminated (and ownership and administration of your Service Account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of our Service with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for our Service using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of our Service (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using our Service on behalf of that Organization in our sole discretion.

Your Content

Your Content means any data, content, information, ideas, comments, property information, photographs, or other materials that you provided to us or upload to the Service, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Bluebid Privacy Policy “Your Content”. You represent and warrant that Your Content is true and accurate. You grant Bluebid a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content in connection with provision of the Service to you or otherwise in connection with your permitted use of the Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our service providers and/or subcontractors in order to deliver, develop, or improve the Service. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions or rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, Bluebid has no obligation to store or display Your Content. Bluebid may, but is not obligated to, monitor, modify, or remove Your Content at any time in its sole discretion. You agree that Bluebid may promote and market Your Content in connection with the Service.

Representations on Your Content

You represent and warrant that (i) Your Content is original to you and does not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, or any person(s); (ii) Your Content does not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (iii) Bluebid’s use of Your Content will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person. You are solely responsible for Your Content. We reserve the right to suspend or terminate access to the Service to anyone who supplies information that is inaccurate or misleading.

Feedback

You may give Bluebid feedback, comments, and suggestions for improvements in connection with the Service (“Feedback”). You hereby assign all your right, title, interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant Bluebid a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully-paid up, royalty-free license to use the Feedback in any manner in with Bluebid sees fit. You hereby waive, to the fullest extent permitted by applicable law, any claims and assertions or moral rights or attribution with respect to your Feedback.

Referrals

As part of the Service, we connect Users with real estate agents, real estate brokers, and other real estate professionals from time to time. You understand that for a referral made, we may receive payment (a referral fee). The referral fee may be a percentage of the commission received by the real estate agent and/or real estate broker involved in a real estate transaction involving a referred User. Any payment due is based on a separate agreement between Bluebid and the real estate agent and/or real estate broker involved. There is no charge to you. Your use of the Service constitutes your acknowledgement of, and agreement to, this compensation arrangement.

Real Estate License

Bluebid maintains the following real estate licenses: Massachusetts License 423917

No Affiliations

You understand that while Bluebid may refer real estate professionals, any real estate transactions will be conducted by local real estate professionals and/or attorneys. The real estate professionals referred by Bluebid are not affiliated with Bluebid. We are not party to the transaction(s) negotiated by you and these real estate professionals and/or attorneys. Bluebid does not endorse, recommend, or otherwise know the terms of any agreement between you and a real estate professional.

Fair Housing Laws

The Fair Housing Act is a federal law that prohibits discrimination and makes it illegal, among other things, to discriminate in any way based on race, color, religion, sex, physical or mental disability, and/or familial status. You agree that all information posted by you, and all communications by you, and all your other conduct in any way related to the Service, shall not violate the federal fair housing laws, including the Fair Housing Act. Furthermore, you acknowledge that your state and/or local jurisdiction may also prohibit preferences based on additional criteria and you agree that that all information posted by you, and all communications by you, and all your other conduct in any way related to the Service, shall not violate such state and/or local laws and regulations. This includes, but is not limited to, the following: You agree that, in any listing or communication, you will not indicate any preference, limitation based on race, color, religion, sex, physical or mental disability, and/or familial status. You agree you will not refuse to sell to, negotiate with, or offer to sell based on race, color, religion, sex, physical or mental disability, and/or familial status. You agree you will not set different sale terms based on race, color, religion, sex, physical or mental disability, and/or familial status. You agree you will not falsely deny that a property is unavailable for inspection or sale based on race, color, religion, sex, physical or mental disability, and/or familial status. You agree you will not use different eligibility and screening criteria based on race, color, religion, sex, physical or mental disability, and/or familial status.

Equal Housing Opportunity

Bluebid adheres to the United States law and policy for equal housing opportunity. By agreeing to our Services you agree that all information posted by you creates no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, national origin, or other legally protect group.

Alpha and Beta Testing

The Service includes any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that Bluebid may conduct (“Testing”). Your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement

No Scrubbing or Scraping

You may not automatically crawl or query the Service for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Service) unless you have received prior express written permission from Bluebid.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Service, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using our Service; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at legal@bluebidhomes.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at legal@bluebidhomes.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in Boston, Massachusetts unless you and we agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

No Injunctive Relief

In no event shall you seek or be entitled to recission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service.

Bluebid respects the intellectual property rights of others and requires you to do the same. It is Bluebid’s policy to terminate account holders that repeatedly infringe on the rights of copyright holders. If you believe your copyright or other intellectual property right is being infringed, misappropriated, or otherwise violated by a user of the Service please contact us at legal@bluebidhomes.com.

No Waiver

Bluebid’s failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar breaches, or other breaches.

HOMEOWNERS

All homeowners agree to the following:

1. By providing Bluebid with personal information, you authorize Bluebid and the real estate professionals we partner with to use your personal information to contact you via phone, email, mail, direct messages, or other reasonable means.

2. By providing Bluebid with personal information, you agree that the personal information is accurate and that you are legally authorized to provide it. As stated above, Bluebid reserves the right to suspend or terminate your access to the Service in the event you provide personal information that is inaccurate, incomplete, or that you have provided without the legal authorization to do so. Bluebid may require that you provide proof you are the owner of a certain property. If Bluebid is unable to verify that you are the owner of such certain property, Bluebid may remove your claim on such certain property at any time in its sole discretion.

3. You acknowledge and agree that Bluebid is not party to any agreement between you and the real estate professional(s) we partner with.

4. You acknowledge and agree that Bluebid is not your real estate agent or real estate broker and does not represent you. Bluebid does not provide you with any legal, financial, real estate, or related advice of any kind.

5. While Bluebid may introduce you to a real estate agent or real estate broker, you acknowledge and agree that Bluebid will not perform any real estate brokerage or real estate agent services.

6. By using the Service, you acknowledge and agree that Bluebid may receive and is entitled to receive payment in the form of a referral fee from real estate agents and/or real estate brokers Bluebid refers you to. The referral fee payment is based on a separate agreement between Bluebid and the real estate agents or real estate brokers Bluebid refers to you, and there is no charge to you.

7. Bluebid aims to provide comfort and security for all users. By using the Service, you agree to refrain from the following: supplying users with contact information for use outside of the Service; encouraging users to contact you or anyone else outside of the Service; encouraging users to provide you with their contact information; taking other actions outside the Service in violation of Bluebid’s Off-Platform Policy. Bluebid reserves the right to suspend, terminate, or otherwise modify your access to the Service, or communications via the Service, in the event you are deemed to be in violation of Bluebid’s Off-Platform Policy set forth below or any other aspect of the Terms.

8. Your participation in the Service and Bluebid’s obligation to accommodate you is “at will.” “At will” is defined as allowing either you or Bluebid to terminate participation in Bluebid’s service at any time, for any reason permitted by law, with or without cause, and with or without notice. However, any introductions made to any real estate brokers or real estate agents are still bound by any separate agreements between Bluebid and those real estate brokers or real estate agents.

HOMEBUYERS

All homebuyers agree to the following:

1. By providing Bluebid with personal information, you authorize Bluebid and the real estate professionals we partner with to use your personal information to contact you via phone, email, mail, direct messages, or other reasonable means.

2. By providing Bluebid with personal information, you agree that the personal information is accurate and that you are legally authorized to provide it. Bluebid reserves the right to suspend or terminate your access to the Service in the event you provide personal information that is inaccurate, incomplete, or that you have provided without the legal authorization to do so.

3. You acknowledge and agree that Bluebid is neither party to nor aware of any terms of any agreement between you and the real estate agent or real estate broker referred to you.

5. While Bluebid may introduce you to a real estate agent or real estate broker, you acknowledge and agree that Bluebid will not perform any real estate brokerage or real estate agent services.

8. Your participation in the Service and Bluebid’s obligation to accommodate you is “at will.” “At will” is defined as allowing either you or Bluebid to terminate participation in the Service at any time, for any reason permitted by law, with or without cause, and with or without notice. However, any introductions made to any real estate brokers or real estate agents are still bound by any separate agreements between Bluebid and those real estate brokers or real estate agents.

BROKERS & AGENTS

1. Real estate professionals are expressly prohibited from using the Services to solicit any other user of the Service for any business.

2. You acknowledge and accept that you are responsible for obtaining and maintaining your real estate license and that you will remain in compliance with all state and federal housing laws related to brokerage services. You are responsible for following all applicable real estate laws, including but not limited to, disclosures, documentation, and other broker and agent responsibilities. You are responsible for the real estate brokerage services provided to Users referred to you by Bluebid and agree to indemnify, defend, and hold Bluebid harmless from any claims, costs, and damages incurred by Bluebid arising from claims by Users referred to you by Bluebid regarding the agent and brokerage services you have provided and/or have failed to provide.
3. As part of its normal business practices, Bluebid introduces homeowners and homebuyers to real estate brokers and agents for the purpose of pursuing a single or multiple real estate transaction(s), and we refer to any such introduction as a referral (“Referral”). In the event you or your brokerage have signed a Referral Agreement with Bluebid, and Bluebid has made a Referral to you via telephone, text message, email, in-person, or verbal introductions, or any other reasonable means of communication, you agree to pay Bluebid the referral fee as set forth in the Referral Agreement for any real estate transactions involving Users referred to you by Bluebid.

4. You acknowledge and agree that Bluebid’s Referral Agreement may be amended from time to time and that your acceptance of any Referral from Bluebid constitutes your express acceptance of the then-current Referral Agreement. In certain instances, Bluebid will require you to execute an additional, separate referral agreement that specifically identifies all the parties involved in the transaction – Bluebid, agent/broker, and the User referred by Bluebid.

5. You acknowledge and agree that you are responsible for real estate brokerage services provided to Users referred to you and agree to indemnify, defend, and hold Bluebid harmless from any claims, costs, and damages incurred by Bluebid arising from claims by Users referred to you regarding the brokerage services you have provided and/or failed to provide.

6. Bluebid aims to provide comfort and security for all users. By using the Service, you agree to refrain from the following: supplying users with contact information for use outside of the Service; encouraging users to contact you or anyone else outside of the Service; encouraging users to provide you with their contact information; taking other actions outside the Service in violation of Bluebid’s Off-Platform Policy. Bluebid reserves the right to suspend, terminate, or otherwise modify your access to the Service, or communications via the Service, in the event you are deemed to be in violation of Bluebid’s Off-Platform Policy set forth below or any other aspect of the Terms.

7. Your participation in the Service and Bluebid’s obligation to accommodate you is “at will.” “At will” is defined as allowing either you or Bluebid to terminate participation in the Service at any time, for any reason permitted by law, with or without cause, and with written notice. However, any referrals made prior to such termination are still bound by any Referral Agreement between you and Bluebid, and referral fees will be due and payable upon the close of any transactions resulting from such referrals.

8. You agree that you will not share or otherwise provide referrals originally made by Bluebid to any other party without Bluebid’s written consent.

9. You agree that you will make the required agency relationship disclosures. Regulations require that real estate agents and brokers disclose in writing the general duties which arise from certain agency relationships and the agent/broker’s status as agent of the seller, agent of the buyer, or agent of both the seller and buyer (dual agent). Your status must be disclosed to the principals of the transaction and the principal must consent to the agency relationship(s) disclosed.

OFF-PLATFORM POLICY

By using the Service, you agree to our Terms, which includes this Off-Platform Policy, which Bluebid reserves the right to enforce at its sole discretion. In the event of repeated and/or significant violations, Bluebid may suspend or permanently deactivate your account and your access to the Service and other Users’ accounts and their access to the Service.

By using the Service, you agree to the following:

1. You acknowledge and accept that all communications must comply with Bluebid’s Terms and must take place within Bluebid’s secure messaging systems. This ensures that no personal contact information is exchanged prior to a referral and allows Bluebid to monitor conversations for any inappropriate behavior or suspicious activity.

2. You will report any attempts at circumventing the messaging system to Bluebid so that appropriate action can be taken against those responsible.

3. You acknowledge and accept that messages and other communications associated with the Service are screened by Bluebid to prevent the sharing of unauthorized contact information such as phone numbers, email addresses, URLs, usernames, and any other attempt to circumvent the Service. Bluebid reserves the right to suspend, terminate, or otherwise modify your access to the Service, or communications via the Service, in the event you are deemed to be in violation of Bluebid’s Off-Platform Policy or the Terms.

In order to protect Bluebid's community and business, the following actions are prohibited:

1. Contacting other users to move real estate negotiations, transactions, and other such related dealings away from or outside of the Service (ex: offering no fees to transact outside of Bluebid, offering agents services without a referral from Bluebid, etc.)

2. Asking Users to fill out forms not authorized by Bluebid or to otherwise contact you away from or outside of the Service, unless specifically authorized in relation to a valid referral issued by Bluebid.

3. Canceling existing agreements in principle and reengaging in negotiations and related conversations or transactions away from our outside of the Service.

4. Asking or encouraging Users to communicate outside of the Service for repeat or future negotiations, transactions, or other such related dealings.

5. Sharing links or embedding buttons (ex: footers, headers) that navigate Users away from the Service.

6. Asking Users for, or using, contact or identity information in ways unrelated to their use of the Service, or that compromise their safety, or the quality of their use of the Service.

7. Using the Service to solicit Users for their email, mailing address, phone numbers, or other personally identifiable information.

8. Asking Users for contact information or other personally identifiable information in an attempt to run credit checks or perform related tasks.

9. Asking Users to send photos of their government ID, except for when a referral from Bluebid has already been made, and doing so is required for legal or compliance reasons.

10. Asking for or using Users’ contact information to settle additional payments outside of the Service.

11. Using contact information provided by Bluebid for any purpose(s) that violate the Terms.

12. Selling, sharing, or using user contact information for marketing communications or signing users up for contact lists.

13. Real estate agents and brokers are expressly prohibited from using the Services in order to solicit any other User of the Service for any business.

14. After a referral is made, a User may ask another User to confirm that the contact information provided by Bluebid is an appropriate alternative means to communicate during a transaction (ex: phone or email) and the Users may then engage in such alternative forms of communication.

Bluebid reserves the right to suspend or permanently deactivate Users who are real estate agents and who solicit Users for real estate agent and/or brokerage services via the Service. Bluebid will report and/or file complaints against any real estate agents and/or brokers when their actions also violate state regulations and/or applicable ethics codes. This may include, but is not limited to, reporting to the real estate agent's brokerage, local consumer protection agency, trade groups or associations, and governing division of occupational licensure.

CODE OF CONDUCT

Bluebid provides its Users with technology that helps facilitate communication between homeowners, homebuyers, and real estate professionals. Bluebid requires that all communications adhere to the Code of Conduct detailed herein and you acknowledge and agree to such Code of Conduct. If you fail to abide by this Code of Conduct, we reserve the right to suspend or terminate your access to the Service.

Bluebid demands that its Users have an experience that is free from harassment, discrimination and hate. Bluebid also demands that its User engage in good faith. The following actions are expressly prohibited:

No User shall engage in unwanted behavior, such as bullying, cyberbullying, harassment, or stalking. No User shall call for harm or dehumanize another User. No User shall engage in prejudicial language related to another individual’s membership in a protected class, such as expressions of contempt, disgust, or physical, mental, or moral deficiencies. No User shall target another User with phrases that are deeply rooted societal stereotypes based on membership in a protected class. No User shall subject another User to images that denigrate a religion or a culture, images that contain derogatory/coded language, or symbols, logos, or slogans tied to extremist or hate groups.

Bluebid requires its Users to engage in any negotiation process with civility, respect, and fairness. Users may not negotiate in bath faith. Negotiating in bad faith means entering bargaining with no intention of reaching an agreement. In other words, this is the process of “false negotiation,” whereby a User enters bargaining under false pretenses. These intentionally dishonest and misleading acts hurt the Bluebid User experience. Accordingly, we reserve the right to suspend or terminate access to the Service to any User that engages another User in bad faith.

Bluebid Users may not consistently use lowball tactics. Lowball tactics include, but are not limited to, sending a Bluebid that is significantly below the homeowner’s estimate or is otherwise deliberately too low. Bluebid reserves the right to determine what constitutes lowball tactics in its sole discretion. While negotiating a favorable price is a common goal of homebuyers, it is crucial to strike a balance between sending a Bluebid that’s favorable to a homebuyer and that which significantly undervalues a homeowner’s property. When Users consistently send Bluebids that significantly undervalue a homeowners property, it hurts the Bluebid User experience as homeowners often view such Bluebids as disrespectful and insulting. A lowball can create animosity and offense, which will not lead to productive communications and hurts the possibility of reaching a mutually beneficial agreement in principle. Furthermore, lowballs negatively impact homeowner’s motivation to continue using the Bluebid platform and this negatively impacts all Users and Bluebid. Accordingly, Bluebid reserves the right to suspend or terminate access to the Service to any User that engages in lowball tactics.

OTHER TERMS

1. You agree that these Terms shall be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles. The exclusive jurisdiction for all claims that you and Bluebid are not required to arbitrate shall be litigated in the state and federal courts of Middlesex County, Massachusetts.

2. All notices shall be submitted to the following address:

Bluebid Inc.

Attention: Legal

2 Burlington Woods Drive, Suite 100

Burlington, MA 01803

Email: legal@bluebidhomes.com

Terms of Service Updated February 23, 2024

Terms of Service
Updated February 23, 2024