Terms Of Service

1. ACCEPTANCE OF TERMS
Welcome to 1HomeREBATE. 1HomeREBATE provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You should review these TOS from time to time to keep yourself informed of any amendments or additions. In addition, when using particular 1HomeREBATE services, you and 1HomeREBATE shall be subject to any posted guidelines or rules applicable to such services, which may be posted on this web site from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By accessing and using this Web site you are deemed to have read, understood, and agreed with the terms and conditions as set out herein.

2. DESCRIPTION OF SERVICE
1HomeREBATE will provide users with access to online services to help enrich the process of buying, selling, procuring a Real Estate Agent’s services and obtaining loans for a home. The Services accessed through this Web site are available only in those provinces, territories, and states in Canada and the United States of America where they may be legally offered by 1HomeREBATE. 1HomeREBATE does not offer these Services where they conflict with any state, local, or federal law. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 1HomeREBATE properties, shall be subject to these TOS. By using this Service, you acknowledge that you understand and agree that the Service is provided "AS IS" and that 1HomeREBATE assumes no responsibility for the timeliness, deletion, missed delivery, or failure to store any user communications or personalization settings. If, in order to use the Service, you must obtain access to the World Wide Web, then you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if 1HomeREBATE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then 1HomeREBATE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy.

5. INDEMNITY
You agree to indemnify and hold 1HomeREBATE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys¹ fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, out of your use of the Service, out of your connection to the Service, out of your violation of the TOS, or out of your violation of any rights of another.

6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. TERMINATION
You agree that 1HomeREBATE, in its sole discretion, may terminate your account (or any part thereof), or use of the Service, and may remove and discard any Content within the Service, for any reason including, without limitation, for lack of use or if 1HomeREBATE believes that you have violated or acted inconsistently with the letter or spirit of the TOS. 1HomeREBATE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and you acknowledge and agree that 1HomeREBATE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 1HomeREBATE shall not be liable to you or to any third-party for any termination of your access to the Service.

9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that 1HomeREBATE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

10. LINKS
The Service or third parties may provide links to other Internet, World Wide Web or Wireless sites or resources. Because 1HomeREBATE has no control over such sites and resources, you acknowledge and agree that 1HomeREBATE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 1HomeREBATE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. 1HomeREBATE’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 1HomeREBATE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. 1HomeREBATE grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer and or wireless device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code and provided that you do not (and do not allow any third party to) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any unauthorized manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is authorized by or provided by 1HomeREBATE for use in accessing the Service.

12. FEE INFORMATION
Any and all incentives resulting or arising out of the use of this Service are only payable upon the completion of a transaction contemplated by the referral and completion of all obligations to all parties by the referral agent. In the event the agent does not honor all legal obligations to 1HomeREBATE, then the resulting incentive payment to you as a consumer will not be paid. In the event costs are incurred with respect to the completion of any outstanding monetary obligation on the part of the referral agent, then the resulting incentive payment to you, as the consumer, will be paid net of any such incurred costs.

14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. 1HomeREBATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b.1HomeREBATE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, HOMES, REAL ESTATE OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1HomeREBATE THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1HomeREBATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 1HomeREBATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

16. 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 OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

17. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 13 and 14 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is aplicable. 1HomeREBATE shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

18. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

19. TRADEMARK INFORMATION
1HomeREBATE, the 1HomeREBATE logo, trademarks and service marks, icons, and other 1HomeREBATE logos and product and service names are service marks of 1HomeREBATE Inc. (the "1HomeREBATE Marks"). Without 1HomeREBATE's prior permission, you agree not to display or use in any manner the 1HomeREBATE Marks.

20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and 1HomeREBATE and govern your use of the Service, superceding any prior agreements between you and 1HomeREBATE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and 1HomeREBATE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and 1HomeREBATE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego California. The failure of 1HomeREBATE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Call our Customer Service Department between 8 AM and 5 PM Pacific Time.
(800) 569-4466, ext. 24 or email us clientcoordinator@1homerebate.com