HomePerks Terms of Use
Please carefully read the following Terms of Use before using the www.HomePerks.com website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.
1. Copyright
All data and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of HomePerks, LLC. ("HomePerks"), its licensors and its suppliers. The data is protected by copyright and other intellectual laws and all ownership rights remain with HomePerks, its licensors or its suppliers, as the case may be.
You may only use the data retrieved from our Site for your own personal, non-commercial purposes. Any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from our services available in any manner to any third party is strictly prohibited.
2. Trademarks
HomePerks, HomePerks Rewards, Perks, Buy Perks, Give Perks, Claim Perks and Spend Perks are the trademarks of HomePerks. All other brands and names on the Site are the property of their respective owners.
3. Registration, Accounts and Passwords
If you become a registered member and/or create an account on the Site, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You agree to notify HomePerks of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. HomePerks will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
4. Links to Other Websites
This Site may contain links to websites operated by other people or companies. Those websites may have their own privacy policy or no privacy policy at all. HomePerks does not have any responsibility for those websites, and we provide the links solely for the convenience of our visitors.
5. Privacy Policy
HomePerks is committed to protecting the privacy of the visitors to its Site. For information on how information is collected, used or disclosed by HomePerks in connection with your use of this Site, please consult our Privacy Policy by clicking here.
6. HomePerks Rewards Program - Terms and Conditions
Terms and conditions relating to the purchase, use and redemption of Perks from the Site can be reviewed by clicking here.
7. Submitting Information to HomePerks
HomePerks does not want to receive confidential or proprietary information from you through this Site unless you have another written agreement with HomePerks related to the sharing of such information. Any information that HomePerks receives through its Site, other than your personally identifiable information and aggregate information covered by HomePerks' Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING TO HOMEPERKS INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH HOMEPERKS RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT HOMEPERKS MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU and you automatically grant HOMEPERKS, its affiliates, and subsidiaries an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, copy, display, publish, modify, and edit such submissions in any form, media, OR technology, whether now known or hereafter developed, and to sublicense these rights to anyone.
8. Disclaimer
The data, information, services, pRODUCTS FOR SALE/REDEMPTION and materials contained in and/or advertised on the Site, including without limitation, text, graphics and links, are provided on an "as is" basis with no warranty.
HOMEPERKS, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. HOMEPERKS, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HomePerks, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS of HomePerks, ITS AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HOMEPERKS', ITS AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability
IN NO EVENT WILL HomePerks, ITS AFFILIATES, agents, licensors, suppliers OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).
HomePerks RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF HomePerks, its AFFILIATES, agents, licensors, suppliers OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HomePerks', its AFFILIATES', agents', licensors' AND suppliers' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, defend and hold harmless HomePerks, its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these Terms of Use.
11. Choice of Law and Forum
This Terms of Use shall be governed and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within the County of Cook in the State of Illinois, and you hereby submit to the personal jurisdiction of such courts.