EstateRebate.com (“EstateRebate” or “Site”) provides an-online venue and mechanism for Sellers and Buyers to conduct requests for discount real estate listing commission and commission rebate and offers the ability for real estate agents to submit offers for such requests.
This EstateRebate Agent’s Agreement to Participate ("Agreement") is entered into by and between InnoTech LLC, a Wyoming partnership, dba EstateRebate.com ("EstateRebate") and you, the licensed real estate salesperson or broker ("Agent", "you"). This is a legal contract between you (the Agent) and EstateRebate.
For purposes of this Agreement,
- “Buyer” is an individual seeking a commission rebate on a purchase of real property in the U.S.
- “Seller” is an individual seeking discount on real estate listing commission on a sale of his or her real property in the U.S.
- Buyer and Seller collectively referred to as “Customer(s)”.
- “Us”, “We” refers to EstateRebate.com
- “Agent” is a real estate salesperson or broker with a current and valid license in his or her State.
- “Commission Rebate” is the amount of money rebated back to the Buyer by an Agent at or after closing.
- “Listing Commission Request” is a request initiated by the Seller seeking offers on discount real estate listing commission from Agents.
- “Listing Commission Discount” is the discount offered by the Agent to the Customer for the sale of Customer’s real property.
WHEREAS, EstateRebate is located at 1617 N. Main Street, Suite B, Sheridan, WY 82801;
WHEREAS, Agent has selected EstateRebate to provide an on-line platform and mechanism for accessing and managing offers for real estate listing commission and commission rebate requests.
WHEREAS, Agent agrees to be bound by EstateRebate' Terms of Use;
WHEREAS, the effective date of this Agreement is today's date (date accepted online);
WHEREAS, EstateRebate acts neither as a real estate broker nor a real estate salesperson as defined by the division of Business and Professional Code specific to Real Estate Law. EstateRebate does not broker transactions and is not responsible for selling, purchasing, exchanging, renting or leasing property.
NOW THEREFORE, Agent agrees as follows:
By accessing and using the Site, you agree to the terms and conditions outlined in this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, the services provided by the Site, and the subject matter of this Agreement.
By creating an account with EstateRebate, you represent the following:
- You are a real estate salesperson or broker with a current and valid license.
- You have the appropriate licenses for all services offered to Customers.
- You are of legal age and are otherwise capable of forming a legally binding contract.
- All information provided to Customers about Agent is Agent's responsibility. You acknowledge that you, and not EstateRebate, are offering Agent's services.
- Agent will provide customers with all information and notices legally required.
- Promotion and distribution of Agent's products/services does not violate any applicable laws or regulations.
EstateRebate is to provide Agent with an on-line venue (the Site) and mechanism for participating in commission rebate and listing commission requests requests created by Buyers and Sellers.
Upon Customer’s request for additional info for a particular offer, EstateRebate is to provide Agent with Customer’s contact information, including name, address, phone number and email address.
Upon Customer’s request for additional info for a particular offer, Agent agrees to provide the Customer with the service(s) and Cashback percentage and/or Listing Commission Discount specified in Agen’t offer.
It shall be Agent’s sole responsibility to execute a written representation agreement with the Customer in accordance with applicable laws and regulations.
It shall be the responsibility of Agent to ensure that offering commission rebate to the Buyer is in compliance with the Agent’s state laws and regulations.
Privacy Policy
At EstateRebate.com, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit the Site, and how we safeguard your information. We never sell your personal information to third parties.
Log Files
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as Comcast or Verizon), the browser you used to visit our Site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons
We do use cookies to store information, such as your personal preferences when you visit our Site. This could include only showing you a popup once in your visit, or the ability to login to some of the Site’s features, such as your account.
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into your account.
Disclaimer of Warranties
EstateRebate makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content (including the information provided by the Buyers and Sellers). EstateRebate expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the service, the content, and any service furnished or to be furnished via the Site. EstateRebate does not warrant that the functions performed by the Site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. EstateRebate does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Limitation of Liability
In no event will EstateRebate be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if EstateRebate has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.
Indemnification
Agent agrees to indemnify, defend and hold harmless EstateRebate, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the service, or the content, or any violation by you of this Agreement.
Equal Housing Opportunity
Use of EstateRebate services is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State or local jurisdiction may impose additional requirements.
Termination of Agreement
Either party may terminate this Agreement upon written notice of cancellation. Except as indicated herein, all rights and obligations of the parties shall cease upon termination of this Agreement.
Governing Law
This Agreement shall be governed by and construed under the laws of the State of Wyoming, without regard to conflict of law rules.