Terms of Service

1. Introduction and Acceptance

Welcome to Blue Pebble Group, LLC ("Blue Pebble Group," "Company," "we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Blue Pebble Group, LLC and its wholly-owned subsidiaries—Blue Pebble Homes, LLC dba Blue Pebble Homes (real estate brokerage), Vanna Lending, LLC dba Blue Pebble Loans (mortgage brokerage), and Zeropoint Lending, LLC (mortgage lender)—(collectively, the "Blue Pebble Entities").

These Terms govern your access to and use of our websites (including www.bluepebblehomes.com, www.bluepebbleloans.com, and any related domains), applications, artificial intelligence systems (including our AI assistant "Avery"), lead generation programs, and all related services (collectively, the "Services").

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Nature of AI Assistant (Avery)

Avery is an artificial intelligence conversation system that may answer questions, schedule appointments, provide resources, and connect you with our licensed professionals.

4. No Agency or Client Relationship

Your use of the Services, including any conversation with Avery, submission of information through our websites, or other interaction with our platforms, does not create a client, agency, fiduciary, advisory, or contractual relationship with any Blue Pebble Entity or any of its licensed professionals.

A formal written agreement signed by both parties is required before any such relationship exists. Until such time as a formal written agreement is executed, no Blue Pebble Entity owes you any duty of care, loyalty, confidentiality, or fiduciary obligation.

5. Communications Consent

• Telephone Calls: You expressly consent to receive telephone calls at any telephone number you provide, including your mobile telephone number. You consent to receive calls made using automated telephone dialing systems ("auto-dialers"), automatic texting systems, prerecorded messages, and/or artificial voice messages. You understand and agree that your telephone company may charge you for these calls according to your calling plan. You understand that providing this consent is not a condition of purchasing any goods or services from us.
• Text Messages (SMS/MMS): You expressly consent to receive text messages (SMS and MMS) at any mobile telephone number you provide, including messages sent using automated systems. Messages may be sent from various telephone numbers associated with the Blue Pebble Entities or their service providers. Message and data rates may apply according to your carrier's rate plan. Message frequency varies based on your interactions with us. You may opt out of receiving text messages at any time by replying STOP to any message.
• Email: You expressly consent to receive emails at any email address you provide, including marketing and promotional emails, transactional emails, and other communications. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email or contacting us directly.
• Other Communications: You consent to receive communications through any other channel, including but not limited to direct mail, social media messaging, push notifications, and in-app notifications.
• Scope of Consent: This consent applies to all Blue Pebble Entities, including Blue Pebble Group, LLC, Blue Pebble Homes, LLC, Vanna Lending, LLC, and Zeropoint Lending, LLC. Each entity may contact you independently regarding their respective services.

6. Data Collection and Consent

By using the Services, you consent to the collection, use, storage, transfer, and processing of your personal information as described in our Privacy Policy, which is incorporated herein by reference.

• Collection and Storage: We may record, store, and retain all conversations, communications, contact details, activity logs, and other information you provide or that we collect about you.
• Usage: We may use stored data for any lawful purpose, including but not limited to quality control, compliance monitoring, marketing, lead follow-up, affiliate promotion, AI training, analytics, service improvement, and transaction processing.
• Intra-Group Sharing: Your information may be freely shared, transferred, and used among all Blue Pebble Entities without additional notice or consent, as described in our Privacy Policy.
• Third-Party Sharing: We may share your data with our affiliates, subsidiaries, service providers, and other third parties as described in our Privacy Policy.

7. User-Generated Content and Submissions

By submitting any content through the Services—including but not limited to chat messages, form submissions, uploaded documents, images, text, data, and any other materials (collectively, "User Content")—you grant to all Blue Pebble Entities a perpetual, irrevocable, royalty-free, worldwide, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any media now known or hereafter developed, for any purpose whatsoever.

You represent and warrant that you own or have the necessary rights to submit User Content and to grant the foregoing license, and that your User Content does not violate any third party's rights or any applicable law.

8. Electronic Signatures and Transactions

By using the Services, you consent to conduct transactions electronically and to receive documents, notices, disclosures, and other communications in electronic form. You acknowledge and agree that your electronic signature has the same legal effect as a handwritten signature. You agree not to contest the validity or enforceability of any electronic signature, contract, or record solely on the basis that it was created or transmitted electronically.

9. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and these Terms. You agree not to:

• Use the Services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, servers, or networks connected to the Services
• Use any automated means, including robots, spiders, or scrapers, to access, copy, or monitor the Services without our prior written consent
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software or technology used in the Services
• Attempt to probe, scan, or test the vulnerability of the Services or any related system or network
• Use the Services to collect or harvest personal information about other users
• Violate any applicable local, state, national, or international law or regulation

10. Intellectual Property

All content, features, functionality, software, code, trademarks, trade names, service marks, logos, designs, text, graphics, images, data, and other materials available through the Services ("Company Content") are the exclusive property of the Blue Pebble Entities or their licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Company Content for your personal, non-commercial use, subject to these Terms. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company Content without our prior written consent.

11. Affiliate Promotion and Referrals

The Services, including interactions with Avery, may promote or refer you to products and services offered by our affiliates and subsidiaries, including but not limited to Blue Pebble Homes, LLC (real estate brokerage), Vanna Lending, LLC dba Blue Pebble Loans (mortgage brokerage), Zeropoint Lending, LLC (mortgage lender), and other subsidiaries and strategic partners.

You are never required to use any affiliate service to complete a transaction. However, you may receive pricing advantages, discounts, credits, or other benefits if you choose to work with multiple affiliates. Our promotional activities comply with all applicable laws, including the Real Estate Settlement Procedures Act (RESPA) and state regulations.

Please review our disclosures for more information about our affiliated business relationships:

• Affiliated Business Arrangement Disclosure
• Anti-Steering Disclosure
• Blue Pebble Loans Email Disclosure

12. Disclaimers

13. Limitation of Liability

14. Indemnification

You agree to indemnify, defend, and hold harmless the Blue Pebble Entities, and their respective officers, directors, employees, agents, licensors, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third party's rights, including intellectual property, privacy, or publicity rights; (e) any User Content you submit; and (f) any dispute between you and any third party arising from your use of the Services.

The Blue Pebble Entities reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of any such claim.

15. Arbitration Agreement and Class Action Waiver

15.1 Agreement to Arbitrate

You and the Blue Pebble Entities agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a "Dispute"), including the validity, enforceability, or scope of this arbitration agreement, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), except as otherwise provided herein.

YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU AND THE BLUE PEBBLE ENTITIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2 Arbitration Procedures

The arbitration shall be conducted in Douglas County, Colorado, unless the parties agree otherwise or the AAA rules require otherwise. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. The arbitrator shall have exclusive authority to resolve any Dispute, including the arbitrability of any claim. The arbitrator shall issue a written decision, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

15.3 Arbitration Fees

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

15.4 Class Action Waiver

YOU AND THE BLUE PEBBLE ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.5 Statute of Limitations

Any Dispute must be commenced within one (1) year after the cause of action arose. Failure to commence a Dispute within this time period shall result in the permanent barring of such Dispute.

15.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15.7 Judicial Forum for Non-Arbitrable Disputes

If for any reason a Dispute proceeds in court rather than arbitration, such Dispute shall be commenced or prosecuted exclusively in the state and federal courts located in Douglas County, Colorado. Both parties consent to the personal jurisdiction of such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens. Both parties waive the right to a jury trial and consent to the case being decided by a single judge.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from application to these Terms.

17. Real Estate and Mortgage Disclosures

Equal Housing Opportunity: The Blue Pebble Entities comply with all Fair Housing laws. We do not discriminate on the basis of race, color, religion, national origin, sex, familial status, disability, or any other protected class.

Mortgage Disclosures: Information about mortgage products is provided for informational purposes only and is not a commitment to lend or extend credit. All loans are subject to credit approval, underwriting requirements, and other terms and conditions. Interest rates, terms, and conditions are subject to change without notice.

Licensing: Blue Pebble Homes, LLC is a licensed real estate brokerage in Colorado. Vanna Lending, LLC dba Blue Pebble Loans, NMLS #2447767, is licensed in CO, CA, FL, NM, and TX. Please visit www.nmlsconsumeraccess.org for additional licensing information.

18. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice, in our sole discretion. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and the arbitration agreement.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, government actions, epidemics, pandemics, power outages, internet disruptions, or other similar events.

20. Modifications

We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of any material changes by posting the updated Terms on our website or through other reasonable means. The updated Terms will indicate the "Last Updated" date. Your continued use of the Services after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

21. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and the Blue Pebble Entities regarding the Services and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall continue in full force and effect.
• Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce such provision.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms and all rights and obligations hereunder to any successor or affiliate.
• Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except that each Blue Pebble Entity is an intended third-party beneficiary of these Terms with the right to enforce them directly.

22. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at: