If you are not eligible for home sale and/or home purchase reimbursements from your employer, you are eligible to participate in the HAPPY HOME™ Program (“Program”). By participating in the Program, you are agreeing to the following terms and conditions. Please read these terms carefully and address any questions you may have regarding them to your HAPPY HOME™ Coordinator prior to participating in the Program.
PURPOSE OF THE PROGRAM: RELO Direct®, Inc. (“RDI”) is a South Carolina Corporation, privy to an extensive network of third-party relocation service providers (“Providers”). RDI is paid marketing fees to provide marketing and referral services to certain of the Providers in its network. RDI wishes to make certain referrals, discounts, and related services (“Services”) available to certain eligible individuals through the Program. BY PROVIDING YOU WITH THE SERVICES, RDI MAY BENEFIT BY RECEIVING MARKETING FEES, REVENUE SHARES, AND IMPROVED BUSINESS RELATIONSHIPS WITH PROVIDERS.
I. RDI will provide you with:
A. The Services, including the provision of information regarding, and introductions to, Providers and qualified real estate professionals. ANY OFFER TO MAKE INTRODUCTIONS TO REAL ESTATE AGENTS IS NOT APPLICABLE OR AVAILABLE TO INDIVIDUALS CURRENTLY WORKING WITH A REAL ESTATE AGENT. If you have a current working relationship or agreement with a real estate agent, referrals to other agents are not available to you, and it is your responsibility to decline any invitation to work with another agent.
B. Where and when legally available, rebates and pass-through discounts on the Services. These rebates and pass-through discounts are VOID WHERE PROHIBITED. YOU ACKNOWLEDGE THAT REBATES ARE NOT AVAILABLE IN ALL CIRCUMSTANCES AND ARE PROHIBITED IN CERTAIN GEOGRAPHIC REGIONS THAT MAY PRECLUDE YOU FROM RECEIVING THEM. AS APPLICABLE, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT BE ELIGIBLE FOR OFFERED REBATES AND PASS-THROUGH DISCOUNTS.
II. DISCLAIMERS & LIMITATIONS OF LIABILITY.
A. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RDI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE REFERRAL OF THIRD PARTY COMPANIES TO YOU, AND ALL OTHER OBLIGATIONS UNDERTAKEN HEREUNDER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU HAVE BEEN INFORMED OF SUCH PURPOSE), OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, RDI DOES NOT MAKE ANY WARRANTY THAT THE QUALITY OF THE SERVICES OBTAINED BY A YOU AFTER A REFERRAL WILL MEET YOUR EXPECTATIONS.
B. RDI WILL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOST BUSINESS. WITHOUT LIMITATING THE FOREGOING, RDI’S TOTAL LIABILITY UNDER THIS AGREEMENT, ON ALL CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ALL LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THIS AGREEMENT, OR FROM THE SERVICES, WILL NOT EXCEED THE TOTAL SUM OF $1,000.
III. TAXES AND EXPENSES. RDI is not providing you with tax advice. If you have any questions about if and how your receipt of any rebate or other financial benefit provided to you under the Program will be taxed, you should seek tax advice from a capable professional. You will be responsible for all taxes applicable in connection with your receipt of any rebate or other financial benefit pursuant hereto. In addition, RDI will not be responsible for any expenses you incur in the course of participation in the Program.
IV. GENERAL TERMS
A. Partial Invalidity. If any of the terms above is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other term.
B. Governing Law. All disputes concerning, relating to, or arising from the terms above or the Services will be governed by and construed in accordance with the laws of the State of Illinois, without regard to any applicable conflicts of laws, except to the extent that certain matters may be governed by federal law by reason of preemption. All disputes concerning, relating to, or arising from the terms above or the Services will be adjudicated in a court of law situated in Cook County, Illinois, without regard to its conflict of law provisions.