OfferDesk, LLC Terms of Service

1. Terms

By accessing the website at https://offerdesk.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on OfferDesk, LLC's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on OfferDesk, LLC's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by OfferDesk, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on OfferDesk, LLC's website are provided on an 'as is' basis. OfferDesk, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, OfferDesk, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall OfferDesk, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on OfferDesk, LLC's website, even if OfferDesk, LLC or a OfferDesk, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on OfferDesk, LLC's website could include technical, typographical, or photographic errors. OfferDesk, LLC does not warrant that any of the materials on its website are accurate, complete or current. OfferDesk, LLC may make changes to the materials contained on its website at any time without notice. However OfferDesk, LLC does not make any commitment to update the materials.

6. Links

OfferDesk, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OfferDesk, LLC of the site. Use of any such linked website is at the user's own risk.

7. Modifications

OfferDesk, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Cash and Boost Programs Terms and Conditions

OfferDesk’s Cash Back Rebate (“Cash”) and Seller Incentive (“Boost”) programs (the “Programs” or “Program”) are subject to lender approval and not guaranteed. We recommend speaking with our mortgage team to ensure lender compatibility. The Programs apply to residential property only and some properties may not qualify. OfferDesk reserves the right to determine Program eligibility at their discretion on a per property basis. Please contact us to verify subject property is available and eligible for the Programs.

Advertised refunds and savings calculations for Programs displayed on our website and other media sources are estimates only and assume a typical selling agent commission of 3%. The advertised “average” Cash rebate of $8095.71 is calculated using the statistical average sales price of condominiums and single family homes sold in the state of Florida in 2018, less our minimum service charge of $995. (Data provided by the Florida Association of Realtors). Actual Program rebate amounts received (the “Rebates” or “Rebate”) may vary or be limited, prohibited, restricted, or reduced pursuant to purchase price, commission, market conditions, lender restrictions, state and federal regulations, laws, short sales and distressed property, probate, and other factors.

Rebates are subject to a minimum service charge of $995 retained by OfferDesk and are calculated as OfferDesk’s total commission received, less our $995 service charge and any purchased services. Rebates are finalized by the closing agent and included in the closing disclosure which will be reviewed by the buyer prior to closing. OfferDesk cannot make any guarantees or warranties to Rebate amounts prior to the buyer receiving a closing disclosure from the closing agent.

OfferDesk (“Broker”) must act as selling agent for you (“Buyer”) to “procure cause” in the transaction. A valid Buyer Broker Agreement (“BBA”) must be signed by Buyer for Program eligibility. Commission is variable on a per property basis. OfferDesk has no control over the commission amount received for acting as selling agent on behalf of Buyer.

Rebates will be applied as a credit at closing unless restricted, prohibited, or otherwise subject to any aforementioned limitations. Any remaining Rebate will be paid by check within a commercially reasonable time after closing. Buyer must submit all documentation required by Broker prior to closing to receive Rebate.

OfferDesk reserves the right to modify Program Terms and Conditions at any time. The Program Terms and Conditions revision valid at the effective date of an executory purchase contract with Buyer as party will apply. The posting of a revision to these Terms and Conditions to the OfferDesk website will serve as notice to Buyer of changes.