Terms and Conditions
An Agreement with RebuildUS, LLC
(V1.03 - Effective March 1st, 2010)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. THIS IS A BINDING AGREEMENT.
You are Entering Into an Agreement; RebuildUS is Not a Party to your Transactions
Limitations on Content and Risks
Disclaimer of Warranties and Limitation of Liability
Subscription Terms and Fees
Termination of Subscription
Your Conduct Requirements; Your Grant of License
Copyrights; Trademark; Ownership of the Website
Indemnification
User Public Forum Submission/Participation Policy and Terms
Copyright Complaints
Dispute Resolution
Appendix - Subscription Terms
You are Entering Into an Agreement; RebuildUS is Not a Party to your Transactions
Agreement: The "Website" refers to all of the website at RebuildUS.com and any of its subdomains." RebuildUS", "we", or "us" refers to RebuildUS, LLC, the owner and operator of this Website. By:
visiting and using this Website,
subscribing to membership in RebuildUS;
selling and purchasing any products, services or property on or through this Website; or
utilizing any of the products or services from RebuildUS or third parties through this Website,
YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS (also referred to herein as the "Agreement"). We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. For products and services purchased or utilized from RebuildUS or third parties through this Website, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. RebuildUS' Privacy Policy and California Privacy Policy are incorporated into this Agreement.
Minimum Age Requirement: We hereby require all users of the Website or its products to be over the age of 18. You agree to abide by any such restrictions, and not help anyone avoid these restrictions. If you are under 18, you agree not to subscribe to or otherwise purchase or use any of the products or services of RebuildUS. If you are purchasing any of the product or services of RebuildUS, you represent that you are at least 18 years of age.
RebuildUS Not a Party to Transactions: This Website is an information exchange website. Users subscribe to the Website for the right to communicate with others and to post material and information they wish others to search, review, find, or otherwise use. RebuildUS does not provide this material or information, does not review it for accuracy, and makes no representations or warranties regarding the Website and content located thereon. While users of the Website may use it to facilitate transactions, including, in particular, the sale and purchase of real property, this Website and RebuildUS are not parties to such transactions, do not set and have no control over the prices and other terms of such transactions, have no financial interest in them, and receive no financial benefit from them.
Modification: Any attempt by you to supplement or modify this Agreement will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void.
Electronic Communications: When you visit this Website or send e-mails to us, you are communicating electronically. You consent to receive communications from us electronically and by prerecorded message calls. We will also communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Limitations on Content and Risks
Third Parties: The Website may contain links to websites maintained by third parties ("Third Party Websites"), including service providers. Such links to Third Party Websites are provided for your convenience and reference only. RebuildUS does not operate or control and is not responsible for, any content, software, products or services available on Third Party Websites. RebuildUS' inclusion of links to Third Party Websites does not imply endorsement, warranty, guarantee or recommendation of them, or of the content, products or services of the sponsoring organization thereof.
RebuildUS is a data aggregator of content supplied by third parties and users and assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers or other content provided by third parties, including by users. Nevertheless, RebuildUS reserves the right to screen, review, edit or remove content if it does not comply with any applicable laws, rules, regulations, or these Terms and Conditions, or for any other reason RebuildUS deems relevant in its sole discretion.
Property descriptions and other information appearing on the Website or on Third Party Websites have not been verified by RebuildUS, are not intended to be and are not binding on RebuildUS, nor guaranteed or certified by RebuildUS. All listings are subject to prior sale and may not be available when your request is processed. All prices and terms are subject to change without notice.
You acknowledge and agree that your purchase and/or use of any product, service or property in connection with the Website shall be subject to the terms of a separate agreement between you and the applicable provider, and that RebuildUS has no liability to you in relation to your dealings with, or the acts or omissions of, that party.
RebuildUS may receive payment from third parties for its services and referrals on and through the Website. A subscription with RebuildUS and/or use of the products and services offered by RebuildUS constitutes your agreement to this compensation arrangement.
Types of Properties: The Website is not intended and shall not be used by you to list any properties other than improved land on which there is a habitable residential or condominium structure, or a commercial or industrial building. Failure by you to comply with this requirement may have adverse consequences due to applicable law, including, but not limited to, subjecting a seller of property to liability and giving the purchaser of such a property a right to rescind the subject transaction. RebuildUS does not accept any liability for failure by you or any other party to comply with the aforementioned requirement or any other requirements applicable to transactions of property listed on the Website, and will seek indemnification from any party that fails to so comply.
Partial List of Risks: Since we are not a party to your transactions with others on the Website, we have no fiduciary or agency relationship with you, nor do we owe any due diligence or disclosure obligation to you. However, you should consider that, among other things, properties listed on the Website;
may not have been subject to due diligence;
may not have good or timely title
may not have title insurance;
may be subject to back taxes;
may be subject to liens, which may also include utilities;
may have outstanding housing, building, or health and safety code violations;
may be facing condemnation notices, or may already be condemned;
may have been vacant for some time;
may have attracted squatters or vagrants;
may have been vandalized;
may require critical maintenance to return to "useable" or "livable" condition, including but not limited to the following:
Landscape maintenance
Boarding windows and doors
Garbage clean up
Roof repair or roof replacement
Plumbing repairs
Copper wire replacement
Flood damage repair
Fire damage repair
Environmental clean-up
Removal of squatters
Removal of animals
may be in an area where if you elect to seller finance, it may be difficult to service;
if you make a loan to someone to buy your properties, default is always a possibility; and/or
may only be conveyable pursuant to a quitclaim or equivalent deed and, in some instances, such deed may not be available for recordation for a substantial period of time after the date of purchase.
No Advice: The information available to you on or through this Website is not a substitute for the services of trained professionals in any pertinent field. In particular, you should regularly consult a qualified attorney and/or other expert in all matters relating to real estate, including but not limited to laws and requirements related to real estate purchases/sales, real estate financing, and landlord-tenant. We make no representations or warranties concerning any information, product, service or property provided on or through this Website)
Disclaimer of Warranties and Limitation of LiabilityRebuildUS does not make any representation, warranty or guarantee regarding the accuracy of content posted or transmitted via the Website, the products and services provided by RebuildUS, or the products, property and services listed by others on or through the Website. RebuildUS advises you to independently verify all such information and offerings. RebuildUS does not buy or sell, or represent any buyer or seller of property or other products and services on the Website, receives no compensation from the sale of property or other products or services on the Website, and disclaims any and all liability for the sale or attempted sale of property, products and services on and through the Website. RebuildUS makes no guarantee, whether express or implied, that you will find a real estate listing that meets your specifications. In addition, RebuildUS may make changes and improvements to the Website at any time. RebuildUS makes no representation or warranty as to the quality or qualification of any property seller or buyer, service provider, or any third party appearing on or through the Website, and is not responsible or liable for any acts or omissions committed such third parties. THE WEBSITE, ITS CONTENT, THE PRODUCTS AND SERVICES OF REBUILDUS AND OTHERS, AND PROPERTY LISTED ON THE WEBSITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE". REBUILDUS DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE WEBSITE, ITS CONTENT, THE PRODUCTS AND SERVICES OF REBUILDUS, AND THE PRODUCTS, SERVICES AND PROPERTY OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. REBUILDUS MAKES NO GUARANTEE THAT THE CONTENT OF THE WEBSITE IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME ITS ACCURACY FOR ANY DECISION OR TO TAKE ANY ACTION. REBUILDUS HEREBY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, ITS CONTENT, THE PRODUCTS AND SERVICES OF REBUILDUS, OR THE PRODUCTS, SERVICES AND PROPERTY OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE PRODUCTS OR SERVICES OF REBUILDUS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. NEITHER REBUILDUS NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, ITS CONTENT OR THE USE OF THE PRODUCTS OR SERVICES OF REBUILDUS, OR WITH DELAY OR INABILITY TO USE THE WEBSITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. If you are a California resident, you waive California Civil Code § 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL REBUILDUS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF SUBSCRIPTION OR OTHER FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
Subscription Terms and Fees;If you register as a "Reseller", "Home Buyer" or other type of user, or purchase any additional services such as "Instant Notification", you are agreeing to the fees described for such subscription and/or purchases when you subscribe or purchase. In many cases these are monthly recurring fees. RebuildUS reserves the right to modify such fees upon 30 days prior written notice to you, and you agree to be obligated to pay such revised fees if you do not terminate your subscription prior to the expiration of the 30 day period.If you are a Reseller or Home Buyer, the functionality made available to you shall be as described in the Appendix to this Agreement.You are agreeing to have such fees charged to the credit or debit card you provide, until you terminate your subscription as set forth herein. You are required to pay all charges on time, and hereby agree to submit an accompanying payment authorization in connection with these charges when requested by RebuildUS. Credit and debit card transactions require an acceptable and currently working/continuously valid credit or debit card number/account. RebuildUS may terminate or disable your subscription if you fail to pay fully and timely all amounts due to RebuildUS. If your credit or debit card expires or is otherwise declined for payment, access to the Website may be modified, suspended or cancelled, in RebuildUS' sole discretion and without notice to you. You agree that in no event shall you seek a chargeback unless RebuildUS has authorized such. If any payment due from you is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15% per annum on such past due amounts, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. You shall pay all costs incurred by RebuildUS for collection of any past due amount, including legal fees. Each time you access or use the Website, you are affirming that RebuildUS is authorized to obtain payment through the applicable payment method. All fees are quoted and payable in United States Dollars. You are also responsible for paying all applicable taxes for services or products you receive from RebuildUS, and any other costs incurred in connection with the use of or access to the Website.
Termination of SubscriptionRebuildUS reserves the right to terminate your subscription for any reason, effective upon written notice to you. You may terminate your subscription in your discretion. On termination , your ability to use the Website will end upon expiration of the last month for which you have paid the applicable subscription fee. You may terminate membership or your user account in one of five ways:1. by e-mailing a termination request to support@rebuildus.com at least five (5) days prior to the desired termination date.
by telephoning a cancellation request to 1.800.979.4750 during the business hours of 7am-7pm PST (10am-10pm EST) Monday - Friday. A $5 dollar service and processing fee will be applied for processing subscription termination requests via telephone.
by faxing a termination request to 888-532-2857 at least five (5) days prior to the desired termination date.
by mailing a termination request to RebuildUS, LLC, 6303 Owensmouth Ave., Suite 1000, Woodland Hills, CA 91367. Such termination will be effective approximately ten (10) days after receipt.Your Conduct Requirements; Your Grant of LicenseYou agree to comply with:1. these Terms and Conditions, and all other rules as may be issued by RebuildUS from time to time and communicated to you for the use of this Website;
the requirement that you use and communicate with others through the Website in good faith);
all applicable laws, rules and regulations; iv) the requirement that you shall not violate the rights of any third party; and
the requirement that any information you submit shall be accurate and not misleading
All of the contents of this Website are protected by copyright and trademark laws, and are the property of their owners. Unless RebuildUS says otherwise, you may access the materials located within the Website only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.You shall not disassemble, decompile, manipulate or reverse engineer the Website, and shall take all necessary steps to prevent such activity. Under no circumstances shall you sell, license, publish, display, copy, modify, transmit, distribute, or exploit the Website (or the content therein), or otherwise make available the Website (or any products, services or property provided herein) in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in this Agreement. Only if you obtain prior written consent from RebuildUS and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Website. You will take all reasonable steps to protect the security of the Website, and to prevent unauthorized use or disclosure thereof. You are responsible for all access to and use of the Website by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorized such access or use. You shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and you shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by you.You must abide by all additional copyright notices or other restrictions on the Website.You agree not to do any of the following while using the Website: harass, stalk or otherwise abuse another user; transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion); transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Website. mpersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason; transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or violate any applicable local, state, federal or international law, rule or regulation.If you make any post or submission to the Website, then:
you remain owner of such post or submission to the extent you were the owner;
you automatically grant on behalf of yourself or otherwise warrant that the owner of such content has expressly granted RebuildUS, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the content in any media, or any form, format, or forum now known or hereafter developed;
you agree and warrant that RebuildUS may sublicense or assign its rights through multiple tiers of sublicenses or assigns; and
you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
RebuildUS has the right, but not the obligation, to monitor, edit or remove any activity or content which it believes in its sole discretion is incorrect, misleading, unlawful, inappropriate or harmful.
Copyrights; Trademark; Ownership of the WebsiteAll content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RebuildUS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of RebuildUS and protected by U.S. and international copyright laws.The RebuildUS name and other RebuildUS logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of RebuildUS or its affiliates in the U.S. and/or other countries. RebuildUS' trademarks and trade dress may not be used in connection with any product or service that is not RebuildUS', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RebuildUS. All other trademarks not owned by RebuildUS or its affiliates that appear on this Website are the property of their respective owners, who may or may not be connected to or sponsored by RebuildUS or its affiliates.The Website is and shall remain the sole and exclusive property of RebuildUS. You shall have only the limited rights with respect to the Website as expressly granted in this Agreement, and all rights not expressly granted herein are reserved by RebuildUS. You acknowledge and agree that only RebuildUS shall have the right to alter, maintain, enhance or otherwise modify the Website, or its products or services.RebuildUS reserves the right to modify or to discontinue the Website and any products or services provided by RebuildUS hereunder, with or without notice to you in its sole discretion. RebuildUS shall not be liable to you in the event that RebuildUS exercises its rights under this Section.
IndemnificationYOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD REBUILDUS AND REBUILDUS' PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND CUSTOMERS (COLLECTIVELY, "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES (COLLECTIVELY, "LOSSES"), INCURRED BY REBUILDUS AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE FAILURE OR ALLEGED FAILURE OR DEFECT OF ANY PRODUCTS, PROPERTY OR SERVICES PROVIDED OR OFFERED BY YOU (INCLUDING BUT NOT LIMITED TO THEIR FAILURE TO COMPLY WITH THEIR SPECIFICATIONS OR WITH ANY EXPRESS OR IMPLIED WARRANTIES); (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD ENGAGED IN BY YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR CONDUCT; (G) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE WEBSITE; (H) ANY ACT OR OMMISSION BY YOU WITH REGARD TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE ACTUAL OR ALLEGED COMMISSION OF ANY TORTS; AND (I) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THIS AGREEMENT BY YOU. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT REBUILDUS OR ITS RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS) MAY ASSERT.
User Public Forum Submission/Participation Policy and Terms
General: As a service to you and other users of the Website, this Website may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, "Forums") where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons. Much of the content of the Forums is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. RebuildUS has no responsibility or liability for such content and is merely providing access to such content as a service to you.BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
Your Participation/Contribution Requires Consideration: Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may be, by design, open to the public. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless RebuildUS specifically notes otherwise (for example, in the rules for a particular forum).
Confidential Obligations: You agree that you will not upload or transmit any communications or content to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with RebuildUS that requires you to maintain the confidentiality of certain material or information of RebuildUS. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which RebuildUS has required you to preserve as confidential.
Your Grant of Rights: To the extent you are the original copyright holder of any post or submission by you to a Forum and it does not contain any content of RebuildUS or other information you are required to preserve as confidential by RebuildUS, then; a) you remain owner of such post or submission to the extent you are the owner; b) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content has expressly granted RebuildUS, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit content in any media , or any form, format, or forum now known or hereafter developed; and c) you agree and warrant that RebuildUS may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
No Obligation to Monitor: RebuildUS does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, RebuildUS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in RebuildUS ' sole discretion.
No Obligation to Remove: RebuildUS is not obligated to remove any content from the Website unless such content is unlawful. Any contributions intended for display on this Website via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that RebuildUS shall have an ongoing non-exclusive right to publish the contributed content for an indefinite time, unless the content submitted was made under an agreement with RebuildUS with differing terms or RebuildUS has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it to be published.
No Endorsement: RebuildUS does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
RebuildUS' Right to Act: If RebuildUS discovers communications which allegedly do not conform to these Terms and Conditions, RebuildUS may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. RebuildUS will have no liability or responsibility for performance or non-performance of such activities. RebuildUS reserves the right to terminate or restrict your access to the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Website are available only through the Website and others are available both through the Website and other sources, such as Usenet, over which RebuildUS has absolutely no control.
Copyright ComplaintsIt is the policy of RebuildUS to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in a "DMCA Notice":
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a sworn statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for DMCA notice of claims of copyright infringement on the Website can be reached as follows:
By postal mail:
RebuildUS, LLC.
Attn: Legal Support, DMCA Complaints
6303 Owensmouth Ave., Suite 1000
Woodland Hills, CA 9136721
By email:
dmcanotice@rebuildus.com
Please place "CGG Legal Support, DMCA" in the Subject Header.Please note that you may be liable for damages (including attorneys' fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim.Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi. This contact information is only for reporting copyright infringement.
Dispute Resolution
You may contact the RebuildUS Customer Support Department by e-mail at support@rebuildus.com or by telephone at 1.800.979.4750 concerning charges or other questions regarding the status of your account. However, if your questions are not satisfactorily resolved within fifteen (15) business days of when you first notify the RebuildUS Customer Service Department, RebuildUS Customer Service Department at: RebuildUS Inc., 6303 Owensmouth Ave., Suite 1000, Woodland Hills, CA 91367 will review your written complaint delivered by United States mail or by fax to 888-532-2857. Notwithstanding the foregoing, in no event may you dispute of any charge hereunder later than ninety (90) days after such charge should have been or could have been reasonably discovered by you ("Late Dispute"). To the maximum extent permitted under applicable law, any and all such Late Disputes shall be waived.
Governing Law; Binding Arbitration; Disputes: You agree that any claim or controversy arising out of or relating to the use of the Website, its content, or the products or services of RebuildUS, or to any acts or omissions for which you may contend RebuildUS or its employees, agents, affiliates, officers or directors are liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Los Angeles, California, and that said arbitration shall be governed by California law. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Los Angeles, California, and you agree to submit to the jurisdiction of such court for that purpose. You and RebuildUS agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under this Agreement and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration between you and us under this Section with arbitration of disputes or claims of any other party, regardless of the nature of the issues or disputes involved.YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND REBUILDUS WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND REBUILDUS RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA, FOR THAT PURPOSE.You also acknowledge and understand that, with respect to any Dispute, in the event RebuildUS incurs attorney fees or expenses in connection with the collection of sums owed to us by you under this Agreement, we shall be entitled to recovery of those fees and expenses from you.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: This Agreement, alternately referred to as the "Terms and Conditions", together with anything specifically incorporated by reference, is the complete and exclusive agreement between RebuildUS and you with regard to the purchase or subscription or use of this Website to which this Agreement is associated. This Agreement supersedes all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between RebuildUS and you relating to the subject products and services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Appendix - Subscription Terms
Resellers:This Appendix Section I applies only to persons subscribing as "Resellers", also known as "Pro Members." For purposes of this document, the words "Reseller" and "Pro" or "Pro Member" may be used interchangeably.If you subscribed as a "Reseller", you are agreeing to pay the subscription fees indicated on the Website when you subscribed, and the fees indicated for any other products or services you purchase as a Reseller Member of RebuildUS. Your Subscription as a Reseller may allow you to do the following:
Create a Reseller user profile for yourself;
Allow you to search our database for properties offered for sale by Bulk Buyers;
Allow you to place 1 or more properties from a particular Bulk Buyer into a "shopping cart", which upon your indication of intent to purchase, will, for a period of 1 business day, prevent other Resellers from placing such properties into their shopping carts. Upon your indication of intent to purchase the properties you placed in your shopping cart, we will provide notice to the Bulk Buyer and provide both of you with contact information and other information needed for both of you to correspond. You are hereby agreeing to such disclosure of your information as described above.
If, during the aforementioned 1 business day period, you and the applicable Bulk Buyer indicate that certain properties have been purchased, such properties will be removed from the list of purchasable properties and will be placed in a list of properties owned by you (the "Resellers Property List"). If, during the aforementioned 1 business day the Reseller cancels or indicates cancellation by abandonment or violation of purchasing protocol (aka "checkout"), whether willingly, accidentally, or by any other kind of non-compliance, either active or passive, the purchase transaction will be considered "cancelled" and the properties in question may be made available for other purchasers. If, after the expiration of the aforementioned 1 business day, the Bulk Buyer has not received the funds, the Bulk Buyer can void the transaction through a negative confirmation.
When and for as long as you subscribe as a Reseller, you hereby opt into and give permission to RebuildUS to contact you by telephone, pre-recorded message call, email, mail or any other method with regard to the administration of your subscription, as well as for the marketing of goods or services of RebuildUS or any of the parties it provides marketing services for.
Home Buyers: This Appendix Section II applies only to persons subscribing as a "General Member."If you subscribed as a "Home Buyer", your unused subscription fee will be refunded. Your membership will be migrated to "General" membership terms.
Your Subscription as a "General Member" may allow you to do the following:
Create a Home Buyer user profile for yourself;
Allow you to search our database for properties offered for sale by Pro members and to contact such; and allow you to apply directly for listed properties through electronic or other means. If you also subscribed for "Instant Notification", you will receive notification when new properties are added to our searchable database by Resellers for sale to Home Buyers.When and for as long as you subscribe as a member, you hereby opt into and give permission to RebuildUS to contact you by telephone, prerecorded message call, email, mail or any other method with regard to the administration of your subscription, as well as for the marketing of goods or services of RebuildUS or any of the parties it provides marketing services for. You may opt-out of these third-party emails when they are not directly relevant to property listing services.
By Phone
Number: 800.595.3854
By E-mail
Technical Support: support@rebuildus.com
Press: press@rebuildus.com
Business Development: bizdev@rebuildus.com
Other Inquiries: general@rebuildus.com
By USPS Mail
RebuildUS, LLC
6320 Canoga Ave., 12th Floor
Woodland Hills, CA 91367