These Terms of Use (the "Agreement") govern the use of the houserebate.com web site (the "Site"). By registering to use the Site you, the user, agree to these Terms of Use.

TERMS OF USE

1. You represent that you are an individual interested in purchasing or selling real estate on your own behalf. You may not use the Site for the purpose of acting as an agent to any third party, or for any unlawful purpose.  You represent that all information provided by you to houserebate.com have been and will be answered truthfully and to the best of your knowledge.

2. houserebate.com dba San Diego Discount Real Estate is currently licensed to do business only in California. This Site should not be construed to be a solicitation of business in states where houserebate.com is not licensed.  If your inquiry is outside of California, houserebate.com will forward your request to one its strategic affiliates who are licensed in your state. Listings fees and rebates may vary depending on the affiliate.

3. This agreement creates an agency relationship between houserebate.com and you.  This agency relationship shall be non-exclusive, until such time as you enter into a written listing agreement or exclusive agency agreement with houserebate.com.  You represent that you have not entered into any agreement or informal arrangement with a real estate agent or agency that would prevent you from entering into this agreement with houserebate.com. 

4. Before working with houserebate.com or any real estate broker, you should understand the duties of a real estate broker.  You acknowledge that you have read and understood the Agency Disclosure information. You recognize that houserebate.com is working simultaneously for a number of other clients and will show homes that may be of interest to and meet the requirements of any and/or all clients.

5. BUYERS:

a. As a buyer, you may use the Site to search the property listings without entering into an exclusive agency agreement with houserebate.com.  However, prior to showing you any properties, houserebate.com will require you to enter into a written, exclusive agent/agency agreement with houserebate.com. 

b. Many of the homes that are shown on the Site as available for sale are listings of other real estate brokerage firms and are shown to you based on your current housing requirements; these listings shall not be construed to be advertising of other broker's properties.

c. Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Buyer and Broker (real estate commissions include all compensation and fees to Broker).

d. As a buyer, you may be entitled to a rebate when purchasing property through houserebate.com, as described on the Site. In order to protect your qualification for a rebate from houserebate.com, when visiting open houses, new housing tracks or calling other brokers, you should always mention that you are represented by houserebate.com.  The up to 1% rebate described on the Site is based on a traditional 6% to 7% agency fee agreement. To the extent the agency fee agreement is less than 6%, the rebate will be 1/3 of our commission up to 1%, subject to a 1.5% minimum commission to houserebate.com so the actual rebate could be less than 1% of the final sales price. There will be no rebates on purchase prices less than $75,000.  The maximum rebate on purchases between $74,999 and $100,000 will be $500.  Our offer is subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice. The rebate does not apply where it is prohibited by law.  All transactions are subject to a $445 escrow transaction coordination fee to be paid to a third party out of the rebate proceeds.

 e. You agree to indemnify and hold harmless houserebate.com from claims from other real estate brokers who claim to have represented you in any transaction conducted through houserebate.com.

6. SELLERS:  In order to list a property with houserebate.com, you will be required to enter into a written listing agreement with houserebate.com.  If your property is currently listed with another agent or broker, your use of the Site is not intended to be a solicitation of your listing.  houserebate.com reserves the right to remove any listing that houserebate.com suspects may be fraudulent or inaccurate. 

7. Registration data and certain other information about you is kept private for our internal use and our affiliates.

8. You agree that any electronically generated or printed messages sent to you from houserebate.com, whether in the form of general correspondence or property listings requested by you, are to be used solely by you in buying or selling a home. Listings may not be advertised, sold, or distributed and are to be considered the property of houserebate.com.

9. The Site is controlled and operated by houserebate.com. at 4445 Eastgate Mall, 2nd Floor, San Diego, CA  92121, telephone (858) 812-7875. All content on the Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by houserebate.com or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to houserebate.com.  Such content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed and/or exploited in any way, including by e-mail or other electronic means for commercial use. Without the prior written consent of houserebate.com or the Providers, modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use is a violation of houserebate.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. houserebate.com and/or its respective third-party providers reserve the right to modify the contents of this Site without notice.

10. YOU UNDERSTAND THAT HOUSEREBATE.COM IS PROVIDING THE SITE AND ITS CONTENTS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. HOUSEREBATE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  NEITHER HOUSEREBATE.COM, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. You acknowledge that any hyperlinks to web sites operated by parties other than houserebate.com are provided for your reference only. houserebate.com is not responsible for the contents of any other web site nor does the hyperlink imply that houserebate.com endorses the material or services on such web sites or any association with their operators.

12. You agree that use of the Site is at your sole risk. houserebate.com does not warrant or make any representations regarding the results that may be obtained from the use of this Site, or as to the reliability, accuracy or currency of any information, content, service, property and/or merchandise acquired pursuant to your use of this Site.  You (and not houserebate.com) assume the entire cost of all necessary servicing, repair or correction of your system.  YOU AGREE THAT NEITHER HOUSEREBATE.COM NOR THE PROVIDERS IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE.

13. You agree to indemnify, defend and hold harmless, houserebate.com, its officers, directors, employees, affiliates, agents, licensors, suppliers and of the Providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

Limitation of Liability: You agree that regardless of the form of any claim you may have under this Agreement or real estate transaction on which we represent you or otherwise, HouseRebate.com and its affiliate’s liabilities for any damages to you or to any other party shall not exceed the fees earned by HouseRebate or its affiliates under transaction in question.

14. This agreement will commence when you select the "I Accept" button, enter your name and e-mail address in the spaces provided at the end of this Agreement, and you receive an e-mail providing you with a password for the Site.  This Agreement will continue for a period of ninety (90) days and shall automatically renew for successive ninety (90) day periods unless terminated during the term.  Either party may terminate this agreement upon providing a 10-day written notice to the other party but no such termination shall affect the rights, interests and obligations of the parties.

15. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action brought to enforce these Terms of Use or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in San Diego, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

16. The terms and conditions of these Terms of Use represent the entire Agreement between you and houserebate.com and supersedes any prior agreements or understandings.  In the event inconsistencies exist between these Terms of Use and any future published Terms of Use or understanding, the last published Terms of Use shall prevail.

              AGENCY DISCLOSURE INFORMATION

IF THE BROKER REPRESENTS THE OWNER:

The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner' s agent anything the buyer would not want the owner to know because an owner' s agent must disclose to the owner any material information known to the agent.

IF THE BROKER REPRESENTS THE BUYER:

The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer' s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer' s agent anything the owner would not want the buyer to know because a buyer' s agent must disclose to the buyer any material information known to the agent.

IF THE BROKER ACTS AS A DUAL AGENT IN CALIFORNIA:

In dual agency, the broker represents both buyer and seller in the same transaction. In the real estate industry, even if one salesperson in an office is working with a buyer and another salesperson in the same office is working with the seller, the broker of the real estate firm is considered a dual agent.

A broker who acts as a dual agent in a transaction:

(a) shall treat all parties honestly;

(b) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;

(c) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and

(d) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by State or Federal law or a court order or if the information materially relates to the condition of the property.