Terms & Conditions
Acceptance of Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. These Terms are a binding agreement between you and Rebate Services LLC (“Rebate Services”). In these Terms, the word “Site” refers to this website, http://www.HomeSellerRebate.com, and websites that link to these Terms, and the services offered on the Site. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Site or using a Rebate Services Affiliated Agent. These same Terms apply to Rebate Service’s additional sites, including but not limited to http://www.HomeBuyerRebate.com, and you are agreeing to the Terms and Conditions of that site.
We reserve the right, at any time, to modify, alter or update these Terms, and any such modification, alterations or updates to the Terms will be effective upon posting. In the event we modify, alter or update these Terms, your continued use of the Site will signify your acceptance of any such changes.
Rebate Services, HomeSellerRebate, and www.HomeSellerRebate.com and other marks displayed on the Site are the proprietary trademarks or service marks of Rebate Services or its licensors. Rebate Services’ marks may not be used in connection with any product or service that is not Rebate Services’, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Rebate Services. All other marks not owned by Rebate Services that appear on the Rebate Services Site are the property of their respective owners, who may or may not be affiliated with or connected to Rebate Services.
All content on the Site, including, but not limited to, design, text, graphics, logos, button icons, images, software, videos, audio clips, and data compilations (“Content”), plus any improvements or modifications to such Content and any derivative works thereof, and the collection, arrangement and assembly of all Content on the Site is the property of Rebate Services or its licensors and is protected by United States and international copyright and other intellectual property laws.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to the Site, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these Terms, nothing shall be construed to grant to you or any other user any license, title, interest or right in or to any of the foregoing.
Copyright Notice and Use of the Rebate Services Site
Content and marks on this Site are subject to copyright. Any of the content or materials contained on the Site may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted or otherwise used in any format or media except as provided in this Section without the express prior written permission of Rebate Services. The unauthorized copying, reproduction, distribution, display, modification or use of any portion of the Site constitutes actionable copyright infringement.
The Site may include information, articles, newsletters, documents and other Content. You may download, view, copy and print information, documents and other materials on or from the Site (i) solely for personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You agree not to upload on or transmit to or via the Site any information or other Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable law, regulation or treaty.
You agree to access the Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the Site. You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion of or information on the Site, without the prior written permission of Rebate Services.
Rebate Services assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the Site.
Links to the Rebate Services Site
You may include on your website a link to the Site, provided that (i) you have received the prior written consent of Rebate Services to include on your website a link to the Site; (ii) the link leads solely to the homepage of the Site; (iii) your website does not contain content that infringes any intellectual property or other proprietary right of Rebate Services or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable law, regulation or treaty; and (iv) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with Rebate Services or the Site. We reserve the right to revoke, at any time, any consent we may grant to link your website to the Site.
Links to Third-Party Sites
The Site may provide links to the websites of third parties. Such links are provided solely as a convenience to you. Rebate Services is not responsible for the content of such links, or any advertisements, products, services or other materials relating to such links, any linked site, or any link contained in a linked site. The display of any link or related content does not imply endorsement by Rebate Services of the linked site or any content therein. IN NO EVENT WILL REBATE SERVICES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKS OR RELATED CONTENT, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH LINKS, ANY LINKED THIRD PARTY WEBSITE, OR ANY LINK CONTAINED IN A LINKED WEBSITE. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use.
Rebate Services is not responsible for third-party linked websites nor is Rebate Services responsible for the content of any of the linked websites. Rebate Services provides these links as an additional resource for its users and does not endorse the companies that own, control or manage the linked websites, nor does Rebate Services endorse or support any views expressed or products or services offered by or through any linked websites.
Use of Affiliate Agent
Rebate Services, LLC is not a licensed real estate brokerage and makes no claim to be a brokerage or to replace a brokerage. Rebate Services and HomeSellerRebate.com is a matchmaking service. An Affiliate Agent is a licensed real estate agent who has registered with HomeSellerRebate.com and agrees on returning a percentage of the real estate commission to the consumer seller upon closure of the real estate transaction.
Rebate Services’ obligation to the consumer seller begins when the consumer seller has been referred to an Affiliate Agent who agrees to represent the consumer seller and perform a “Full Service Listing.” A Full Service Listing is defined as:
Listing the consumer seller’s property in the Multiple Listing Service (MLS), where available and applicable, for the duration of the listing, unless such service is declined by consumer seller.
Communicating offers and counteroffers to consumer seller and communicating counter offers to potential buyers;
Responding to consumer seller questions regarding the real estate transaction (i.e., negotiation process, offers, counteroffers, notices, and contingencies, preparation of the appropriate paperwork).
Possible additional services mutually agreed upon by the Affiliate Agent and consumer seller such as advertising, open houses, conducting showings.
Rebate Services does not make any representations, endorsements or warranties of any kind regarding the services provided by Affiliate Agents. Consumer sellers are advised to conduct their own due diligence of an Affiliate Agent. Any comments by HomeSellerRebate.com, reviews and implied endorsements of Affiliate Agents are based solely on the opinions of the Affiliate Agent themselves, and consumer sellers are responsible for conducting their own research, due diligence, and decision to retain the services of an Affiliate Agent.
Consumer sellers are obligated to comply with any requirements of Affiliate Agents to memorialize and create a binding agreement between consumer seller and Affiliate Agent. Affiliate Agent is solely responsible for disbursing funds for the rebate to seller consumer upon receipt of Affiliate Agent’s commission. Rebate Services is not responsible for payment of the rebate in the event that Affiliate Agent violates the terms of agreement between consumer seller and Affiliate Agent. Consumer seller’s remedies against an Affiliate Agent are governed by the agreement between consumer seller and Affiliate Agent and any available remedies under state law.
Rebates are valid only where allowable by law. Certain states may require a rebate disbursed in the form of a credit or a gift certificate of similar value to the amount in cash that would be provided. Rebate services and offers of rebates are not valid in states where rebates are prohibited by law (Alaska, Iowa, Kansas, Louisiana, Missouri, Oklahoma, Oregon, and Tennessee). Where permitted, rebates will be provided in cash. However, rebates (including “cash rebates”) may be provided in a variety of forms, including but not limited to checks, cash, gift cards, or credit, as allowed by law.
The information on this site is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make such an offer or solicitation.
Consumer Seller agrees and acknowledges that there will be no agreement or arrangement with any Affiliate Agent which intends to or does exclude Rebate Services from the arrangement or results in a breach of Affiliate Agent’s obligations of their agreement with Rebate Services.
Disclaimer of Warranties and Limitation of Liability
REBATE SERVICES MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THAT THE CONTENTS OR SERVICES PROVIDED VIA THE SITE ARE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL CONTENT, SERVICES, SOFTWARE OR INFORMATION MADE AVAILABLE ON THIS SITE, IS AT YOUR OWN RISK AND THAT ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER REBATE SERVICES, ITS DIRECTORS, OFFICERS, ITS EMPLOYEES OR ITS AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OF THIS SITE, INFORMATION MADE ACCESSIBLE BY THE SOFTWARE USED ON THIS SITE, OR ANY PRODUCTS, SERVICES OR HYPERTEXT LINKS TO OUTSIDE WEBSITES. REBATE SERVICES, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, REBATE SERVICES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. REBATE SERVICES DOES NOT REPRESENT OR WARRANT THAT A USER’S ACCESS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL REBATE SERVICES, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF REBATE SERVICES IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not permit limitations on implied warranties or the exclusion or limitation of certain types of damage, and thus some or all of the disclaimer, exclusions or limitations above may not apply to you. Such disclaimers, exclusions and limitations apply to the maximum extent permitted by law. If you are dissatisfied with any aspect of our Site or the services available via our Site, your sole and exclusive remedy is to discontinue access.
You agree to indemnify and hold Rebate Services, its agents, subsidiaries and related entities harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or in connection with (i) your use of the Site or any information or materials contained or displayed therein; (ii) your violation of these Terms; (iii) any materials, information or content you post on the Site or otherwise provide to Rebate Services; or (iv) your violation of any rights of any third party.
The laws of the State of Ohio will govern these Terms, without giving effect to any principles of conflict of laws. You agree that any action arising out of the Terms, your use of the Site, or any other dispute with Rebate Services shall be brought in state or federal court in the Southern District of Ohio, and you consent to the jurisdiction of such courts.
Rebate Services reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. Rebate Services’ decision not to pursue legal action for any violation of the Terms shall not be construed as a waiver of the Terms or Rebate Services’ legal rights. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms set forth the entire understanding between you and Rebate Services with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Rebate Services with respect to such subject matter.
If you have any questions relating to these Terms, the Site or Rebate Services, please email info@HomeSellerRebate.com.
Notification of Claimed Infringement
If you are a copyright owner or an agent thereof and believe that any material or content on the Rebate Services website constitutes copyright infringement, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”) by forwarding the following information in writing to the e-mail address listed below (a “Notice”): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Rebate Services, any alleged infringer, or any copyright owner or its authorized agent or licensee. Notice must be e-mailed to info@HomeSellerrRebate.com.