Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing and using this Web site at www.rexsi.com (the 'Site'), you explicitly agree to comply with and be bound by the following terms and conditions (the 'Terms of Use').

Accepting the Terms

By using the information, tools, features and functionality located on Site, you agree to be bound by this Agreement, whether you are a 'Visitor' (which means that you simply browse the Rexsi.com website) or you are a 'Member' (which means that you have registered with Rexsi.com). The term 'you' or 'User' refers to a Visitor or a Member. The term 'we' refers to Rexsi. If you wish to become a Member, communicate with other Members and make use of the Site, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Site and you may not accept this Agreement if you are not of a legal age to form a binding contract with Rexsi.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

FURTHERMORE, YOU EXPRESSLY AGREE THAT:

Rexsi PROVIDES THE SITE ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SITE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.

Rexsi ENDEAVORS TO KEEP THE INFORMATION PROVIDED BY THE SITE ACCURATE AND CORRECT, HOWEVER Rexsi MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED ABOUT THE COMPLETENESS , ACCURACY, RELIABILITY OR SUITABILITY, FOR ANY PURPOSE, OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS, THEREFORE, STRICTLY AT YOUR OWN RISK. Rexsi DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.

Privacy and your Personal Information

For information about Rexsi' data protection practices, please read Rexsi' Privacy and Security Policy. This policy explains how Rexsi treats your personal information when you access Rexsi.com and use the Site. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Description of the Site

The Site provides service(s) to you with access to a collection of websites, resources, data, software, and tools. The services that we provide are subject to the following, which we may be modified by posting revision(s) on our website(s) from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Site shall be subject to this agreement in addition to any terms and conditions applicable to particular services. You are responsible for regularly reviewing any applicable changes. Continued use of the Site after any changes take effect will constitute your acceptance of such changes.

The Site is provided to you by Rexsi and is meant as an aid to assist you in organizing, buying, selling, connecting with local real estate professionals and real estate services. It is not intended to provide legal, tax or financial advice.

Real Estate Services

Rexsi is a licensed real estate brokerage company operating in California. You may make requests to schedule a home tour or request to view a property, contact a real estate agent or real estate broker, help selling or buying a home or other requests. By making such requests, you authorize Rexsi to share your personal information including home search history, favorites and saved searches to a real estate professional in order to satisfy the user's request. When Site users make such requests to Rexsi they are extending an express invitation for Rexsi, or another appropriate entity or person, to contact the user.

When making any real estate requests you represent that you have not entered into any agreement, such as a listing agreement or buyer broker agreement, with a real estate agent or agency other than a Rexsi employee, agent or contractor.

You agree that all data obtained from the Site is intended only for your personal, noncommercial use for the purpose of evaluating properties for sale or purchase. You represent that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Site. You will not copy, redistribute or retransmit any of the MLS Data or any other home information provided through the Site. You acknowledge ownership of a copyright in the MLS Data and the validity of the MLS's copyright.

The financial calculations available through the Site are not an offer to lend. Interest rates are for demonstration purposes only, and actual market interest rates may vary.

You agree to refrain from contacting the owner or seller of any property identified using information obtained through the Site. Furthermore, you agree that Rexsi employees, agents or contractors may represent other prospective buyers of the same properties that meet your criteria.

Rexsi Offers and Third-Party Links

Some parts of the Site are supported by sponsored links from advertisers and display Rexsi Offers that may be custom matched to you based on information stored in the Site, queries made through the Site or other information. We will always disclose when a particular Rexsi Offer is sponsored.

In connection with Rexsi Offers, the Site will provide links to other web sites belonging to Rexsi advertisers and other third parties. Rexsi does not endorse, warrant or guarantee the products or services available through the Rexsi Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Rexsi is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Rexsi does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on Rexsi.com are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.

Third Party Disclaimers

San Francisco Association of Realtors data as of 2016. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information. Property For Sale Information © 2016 SFAR MLS. All rights reserved. information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing or to sell a property. Listing Broker has attempted to offer accurate data, but buyers are advised to confirm all data provided. Copying, redistributing, or retransmitting, is strictly prohibited.

Bay Area Real Estate Information Services Inc. data as of 2016. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information. Property For Sale Information © 2016 BAREIS Inc. All rights reserved. information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing or to sell a property. Listing Broker has attempted to offer accurate data, but buyers are advised to confirm all data provided. Copying, redistributing, or retransmitting, is strictly prohibited.

Property For Sale Information © 2016 MLSListings Inc. All rights reserved. Listing information is deemed reliable, but not guaranteed. Various data and information relating to real estate for sale on this website is licensed property of, and copyrighted by MLSListings Inc. information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing or to sell a property. Listing Broker has attempted to offer accurate data, but buyers are advised to confirm all data provided. Copying, redistributing, or retransmitting, is strictly prohibited.

California Regional Multiple Listing Service, Inc. data as of 2016. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information. Property For Sale Information © 2016 CRMLS. All rights reserved. information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing or to sell a property. Listing Broker has attempted to offer accurate data, but buyers are advised to confirm all data provided. Copying, redistributing, or retransmitting, is strictly prohibited.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login/e-mail address (Login), allows you to access the Site. That Login and password, together with zip code, mobile number or other contact information you provide form your 'Registration Information.'

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Rexsi immediately at the email address - security@rexsi.com.

Your Use of the Site

Your right to access and use Rexsi.com and the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Rexsi.com for lawful purposes.

Accurate records enable Rexsi to provide the Site to you. You must provide true, accurate, current and complete information about your financial condition, purpose for buying or selling real estate including but not limited to your intentions, approach and strategy, as requested in new account setup forms, and you may not misrepresent your Registration Information. In order for the Site to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Site to you will be affected. Furthermore, Rexsi reserves the right to terminate, cancel, delete or otherwise discontinue usage of the Site to you at its sole discretion.

Your access and use of Rexsi.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Rexsi.com or other actions that Rexsi, in its sole discretion, may elect to take.

User Submitted Content

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the 'User Content') that you post, submit, publish, display or link to on the Site or send to other Rexsi users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading.

You agree that by posting content on the Site, you are granting Rexsi a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering services. You understand and agree that any User Content that you post or submit to Rexsi may be redistributed through the internet and other media channels, and may be viewed by the general public.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.

You understand that Rexsi does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. Rexsi is not liable for any statements, representations, or User Content provided by its users on the Site. Rexsi assumes no responsibility for monitoring the Site or services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, Rexsi reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. Rexsi nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.

You understand that Rexsi does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Rexsi be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. You use the Site at your own risk.

Online and Mobile Alerts

Rexsi may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your Rexsi account, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Site. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Rexsi may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for Rexsi.com. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Some mobile providers may or may not impose or charge a fee for these messages, Rexsi is not responsible for any costs incurred in the delivery or acceptance of messages to your mobile device.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Rexsi.com Login and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Site may be delayed or prevented by a variety of factors. Rexsi does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Rexsi shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Rexsi's Intellectual Property Rights

The contents of Rexsi.com, including its 'look and feel' (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Rexsi.com belong or are licensed to Rexsi or its software or content suppliers. Rexsi grants you the right to view and use Rexsi.com subject to these terms. You may download or print a copy of information provided on Rexsi.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Rexsi.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Rexsi.com or any portion of Rexsi.com, without Rexsi's express written consent, which may be withheld in Rexsi's sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Rexsi.com, other than the search engines and search agents available through the Site and other than generally available third-party web browsers (such as Microsoft Explorer);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Rexsi.com or the Site; or

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Rexsi.com or the Site.

Rules for Posting

As part of the Site, Rexsi allows Members to post content on bulletin boards, blogs and at various other publicly available locations on Rexsi.com. These forums may be hosted by Rexsi or by one of our third party service providers on Rexsi's behalf. You agree in posting content to follow certain rules.

You are responsible for all content you submit to Rexsi.com.

By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Rexsi.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Rexsi.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Rexsi.com and under this Agreement.

You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

You may not interfere with other Users' use of the Site, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Rexsi.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site infrastructure or that negatively affects the availability of the Site to others.

Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Rexsi.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.

You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Site are prohibited.

You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Site, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

You acknowledge that Rexsi may use a third party service provider to help us provide, host and operate the 'Ask Rex' area of the Site. You agree that if you choose to participate in, or post content to, the 'Ask Rex' area of the Site, such as by posting a new topic, following a topic or replying to an existing topic, then you agree to also comply with any third party Terms of Use and Community Guidelines, in addition to the terms of this Agreement.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH REXSI.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN 'AS-IS' AND 'AS AVAILABLE' BASIS. REXSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF REXSI.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

REXSI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON REXSI.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. REXSI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Not a Financial Planner, Legal or Tax Advisor

NEITHER REXSI NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. REXSI IS NOT A FINANCIAL PLANNER, LEGAL COUNSEL/ADVISOR OR TAX ADVISOR. The Site is intended only to assist you in your evaluation of buying and selling real estate and decision-making and is broad in scope. Your personal real estate and financial situation is unique, and any information and advice obtained through the Site may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant, lawyer, real estate agent/broker or other financial advisers who are fully aware of your individual circumstances.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.

Limitations on Rexsi's Liability

REXSI SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR LIQUIDATED, INCLUDING BUT NOT LIMITED TO REAL ESTATE CONTRACT(S) VOIDED, CANCELED, RECINDED, LOSS OF EARNEST MONEY DEPOSIT, LOSS OF REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO REXSI.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF REXSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT.

Your Indemnification of Rexsi

You shall defend, indemnify and hold harmless Rexsi and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Ending Your Relationship with Rexsi

This Agreement will continue to apply until terminated by either you or Rexsi as set out below. If you want to terminate your legal agreement with Rexsi, you may do so by closing your account for the Site. Your account may or may not be closed based upon your commitments made within the system. Refer to the Cancelation Agreement and Terms in 'Close My Account', located in your profile.

Please use the directions below to cancel your account:

  • Login to your Rexsi.com account.
  • Go to 'Your Profile'.
  • Locate the 'Close My Account' option under 'Security Settings' or Contact Us with a direct message to 'Close My Account'
  • Read and Accept the cancelation terms and Agreement
  • Enter in the password for your Rexsi.com account.
  • Press 'Yes'
  • Your account will be closed and your ability to log in deactivated immediately. Your Rexsi.com account data will be removed within 48 hours subject to and as explained in our Privacy Policy.
  • Rexsi may at any time, terminate its legal agreement with you:
    • if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
    • if Rexsi in its sole discretion believes it is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful); or
    • immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

Modifications

Rexsi may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Rexsi.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Site after those changes are posted.

Governing Law and Forum for Disputes

These Terms of Use shall be governed by the laws of the State of California. Rexsi's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ('AAA'). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Rexsi or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or Rexsi.

You also acknowledge and understand that, with respect to any dispute with Rexsi, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Rexsi does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Rexsi has the benefit of under any applicable law), this will not be taken to be a formal waiver of Rexsi's rights and that those rights or remedies will still be available to Rexsi.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Rexsi regarding the subject matter of the same, and supersedes all other previous agreements.

Privacy & Security Policy

Your Privacy is not for sale! Simply put, we do not and will not sell or rent your personal information to anyone, for any reason, at any time. Rexsi uses and discloses your personal information only as follows:

  • to analyze site usage and improve the Service;
  • to deliver to you any administrative notices, alerts and communications relevant to your use of the Service;
  • to fulfill your requests for certain products and services;
  • for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
  • to third-party contractors that provide services to Rexsi and are bound by these same privacy restrictions;
  • to enforce Rexsi's Terms of Use; and
  • as otherwise set forth in this Privacy and Security Policy.

Changes to your Registration Information

If your Registration Information changes during your subscription to Rexsi, you may update it any time via the Service.

Online session information and use is only used to improve your experience

When you visit Rexsi.com, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality.

'Cookies' are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer's hard drive. Rexsi may set and access cookies on your computer to track and store preferential information about you. Rexsi may gather information about you through cookie technology. For example, Rexsi may assign a cookie to you, to limit the amount of times you see a particular Rexsi Offer or to help better determine which Rexsi Offers to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer. If you choose to eliminate cookies, the full functionality of the Service may be impaired for you.

We encode our cookies so that only we can interpret the information stored in them.

Web beacons are images embedded in a Web page or email for the purpose of measuring and analyzing site usage and activity. Rexsi, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage and improve the Service.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on Rexsi.com. We may permit these service providers to use cookies and other technologies to perform these services for Rexsi. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Privacy and Security Policy.

Third parties offering other products or services will not be given your personal information without your permission

There are a number of separate products and services offered by third parties advertised by us on our Site and through the Service that may be complementary to your use of Rexsi.com, such as lenders, local businesses and vendors (collectively, 'Rexsi Offers'). If you choose to use these separate products or services, disclose information to the providers, or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. You should evaluate the practices of external services providers before deciding to use their services. Rexsi is not responsible for their privacy practices. If you click on a link to a third party site, Rexsi encourages you to check the privacy policy of that site. Rexsi may present links in a format that enables us to keep track of whether these links have been followed and whether any action has been taken on a third party Web site. We use this information to improve the quality of the Rexsi Offers and customized content on the Service.

Blogs and other Forums on Rexsi.com

If you use a bulletin board, blog or chat room on our Site, you should be aware that any information you submit there can be read, collected or used by other users and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. These forums may be hosted by Rexsi or by one of our third party service providers on Rexsi's behalf.

Contests, Giveaways and Surveys

From time to time, Rexsi may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy and Security Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, Rexsi may also ask you to participate in surveys designed to help Rexsi improve the Site. Any personal information provided to Rexsi in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.

Disclosure of your information to protect our rights or if required by law

Notwithstanding the foregoing, Rexsi reserves the right (and you authorize Rexsi) to share or disclose your personal information when Rexsi determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:

To enforce our rights against you or in connection with a breach by you of this Privacy and Security Policy or the Rexsi.com Terms of Use;

To prevent prohibited or illegal activities; or

When required by any applicable law, rule regulation, subpoena or other legal process.

Your data may be transferred upon change of control but only in accordance with this Policy

Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change of control. If we sell, merge or transfer any part of our business, part of the sale may include your personal information. If so, you will be asked if you'd like to stop receiving promotional information following any change of control.

You can transport or delete your data

Your data is yours. You can remove it anytime you want. When you request us to delete your account for the Service, your data will be permanently expunged from our primary production servers and further access to your account will not be possible. We will also promptly disconnect any connection we had established to your Account Information and delete all account credentials. However, portions of your data, consisting of aggregate data derived from your Account Information, may remain on our production servers indefinitely. Your data may also remain on a backup server or media. Rexsi keeps these backups to ensure our continued ability to provide the Service to you in the event of malfunction or damage to our primary production servers. We also reserve the right to use any aggregated or anonymous data derived from or incorporating your personal information.

Communication from us

We provide our registered customers with exclusive summaries of their Account Information and email alerts. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Rexsi or third-party goods or services.

Rexsi.com subscribers have the ability to opt-out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.

When appropriate, we will ask for information that personally identifies you (personal information) or allows us to contact you. Generally, this information will be requested when you register for a Rexsi account, perform property searches, or request other information through our site. Rexsi uses this information for the purpose of fulfilling your requests for products and services, improving our services, conducting research, and customizing the content and advertising you see.

When you provide your personal information to Rexsi, you agree that Rexsi may use that information to contact you. For example, we may send you e-mail communications related to real estate information, services or products that we believe may be of interest to you. Similarly, if you provide your phone number we may call you to discuss a request for information or to introduce you to a real estate professional. If you do not want to receive such e-mails or phone calls from Rexsi, contact us at optout@rexsi.com or click on the 'opt-out' or 'Manage My Account' link contained in the e-mails.

Rexsi maintains a company Do-Not-Contact List in compliance with California and Federal laws.

Your data is secure

We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect Rexsi.com accounts and systems from unauthorized access.

When you register for the Service, Rexsi requires a password from you for your privacy and security. Rexsi transmits information such as your Registration Information for Rexsi.com or Account Credentials securely.

Our servers are in a secure facility. Access requires multiple levels of authentication, including biometrics recognition procedures. Security personnel monitor the system 7 days a week, 24 hours a day.

Our databases are protected from general employee access both physically and logically. We encrypt your Service password so that your password cannot be recovered, even by us. All backup drives and tapes also are encrypted.

We enforce physical access controls to our buildings.

No employee may put any sensitive content on any insecure machine (i.e., nothing can be taken from the database and put on an insecure laptop).

Rexsi has verified its use of SSL encryption technologies and audited its privacy practices. In addition, Rexsi tests the Site daily for any failure points that would allow hacking.

However, it is important to understand that these precautions apply only to our Site and systems. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party sites.

Our service ensures secure communications with encryption

From the time you submit your Login ID and Password, these communications between your computer and Rexsi.com are encrypted. This enables client and server applications to communicate in a way that is designed to prevent eavesdropping, tampering and message forgery.

You are responsible for maintaining the confidentiality of your Login ID and Password

We maintain strict rules to help prevent others from guessing your password. We also recommend that you change your password periodically. Your password must be 6-8 characters in length. You are responsible for maintaining the security of your Login ID and Password. You may not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at security@rexsi.com, but in any event you should change your password immediately via the Service. We are not responsible if someone else accesses your account through Registration Information they have obtained from you or through a violation by you of this Privacy and Security Policy or the Rexsi.com Terms of Use.

If you have a security related concern, please contact us at security@rexsi.com. We will work closely with you to ensure a rapid and personal response to your concerns.

We post updates on our website whenever there is a change to our Privacy and Security Policy

We update this Privacy & Security Policy periodically. The date last revised of the Policy is January 25, 2016. Changes take effect immediately upon posting.

Contact us if you have any questions or concerns

If you have questions, comments, concerns or feedback regarding this Privacy and Security Policy or any other privacy or security concern, please contact us directly utilizing one of our secure messaging formats or via email:

Rexsi Inc.
One Market Street, 35th Floor
San Francisco, CA 94105
Phone: (415) 683-7399

Security Technology

Your trust is a privilege and a responsibility that is our first priority, every day. Here are some of the technologies and practices we've put in place to protect your identity and your financial information:

Rexsi.com always transmits personal and financial information securely. This prevents potential hackers from 'tapping' a data conversation.

Your login credentials are encrypted.

Our servers are housed in a secure facility protected by biometric palm scanners and 24/7 security guards.

We apply bank-level data security standards. This includes encryption, auditing, logging, backups, and safe-guarding data.

We hack our own site. Rexsi runs thousands of tests on its own software to ensure security. We scan our ports, test for SQL injection, and protect against cross-site scripting.

We subscribe to anti-phishing services to discover and take-down malicious sites intended to fool our customers.

Practices to Increase your Financial Security Online

Your participation is important to our security efforts. The following are steps we suggest you take to protect your Rexsi.com account and other accounts online.

Protect your computer's security

Keep your computer and browser software current with security updates;

Install and update anti-virus and anti-spyware software and use personal firewalls to protect your computer;

Be alert to the threats posed by malware (malicious software) which can damage or disrupt your system, or secretly record information such as keystrokes;

Do not enable automatic login to your Rexsi account or pre-fill the Login ID or password fields;

Change your password periodically and avoid using passwords for Rexsi.com that you commonly use for other purposes; and

For more information on how to protect your personal computer, including links to vendors providing anti-virus and anti-spyware software, you can visit the Federal Trade Commission's computer security site. Microsoft Corporation provides additional information specific to the Windows operating system at microsoft.com/security. Users of Apple computers can find security information at apple.com/support/security.

Protect your computer's security

Do not share your Login ID and password with anyone;

Check to make sure you are interacting with a secure Web site, as above;

Always log off after completing your activities on Rexsi.com.

Be careful about using third-party computers or computers that you are not familiar with such as those in Internet cafes and be careful to ensure you have fully logged out.

Protect your computer's security

Do not provide personal or financial information in response to an email request or by clicking on a link, unless you are able to verify the authenticity of the site to which you are taken through the SSL padlock or other means;

Do not enter personal information into a form within an email message or a pop-up;

Do not open an email if you do not recognize the sender and be particularly cautious of any attachments to emails from unrecognized sources.

Identity theft

Take steps to safeguard your information to help protect yourself from identity theft. Rexsi takes steps to protect you from identity theft by:

Utilizing user identification and authentication procedures before permitting access to Rexsi.com;

Creating a secure transmission connection to Rexsi.com. You will see the security padlock in your browser's frame indicating that it's a secure site;

Ensuring our employees are trained to safeguard your information.

You can also help protect your identity and account information. Here are a few steps to remember:

Rexsi will never request your Login ID or password, or any other information in either a non-secure or unsolicited email communication;

Check your credit report regularly for unauthorized activity and protect your personal identification numbers (PINs) or personal data;

You can also receive text or email alerts from Rexsi which highlight large or unusual transactions. This service may help you identify fraudulent activity quickly.

You can protect yourself against phishing

Phishing is the illegal attempt to mislead consumers into providing personal or financial information, including account numbers, passwords and Social Security numbers, via email or through fraudulent Web sites.

The most frequent phishing attacks occur through emails disguised to appear as though they came from a reputable financial institution or company.

Most phishing attempts urge you to update or validate your account information, typically through a link in an email directing you to a fake Web site that appears to be legitimate.

A phishing attack can be detect

While there are many phishing attacks active on the Internet, there are some typical characteristics:

An email contains an 'urgent' tone requesting your immediate action on an account-related matter.

An email is sent from a user falsely claiming to be a legitimate company with an attachment. An unsolicited email attachment more than likely contains a virus. Do not open it.

A pop-up window appears from a user falsely claiming to be a legitimate company's Web site asking for personal information.

Additional information can be found at www.antiphishing.org or www.consumer.gov/idtheft.

How to report a phishing attack

If you suspect you have received a fraudulent email from Rexsi, please contact us via our secure message platform.

What to do if you are a victim of identity theft

If you are a victim of identity theft, here are some recommended steps:

Contact Rexsi and let us know you have been a victim of identity theft

Contact the fraud departments of each of the 3 major credit bureaus:www.equifax.com | www.experian.com | www.transunion.com

Request copies of your credit reports. Review the reports carefully and identify any new accounts that may have been opened. Pay particular attention to the section of the report that lists 'inquiries' from new companies. Contact these companies immediately and have them remove any pending or new accounts from their system. Note: Credit bureaus must provide free copies of credit reports to victims of identity theft. Contact the fraud departments of creditors to dispute unauthorized charges (e.g., credit card issuer, phone companies, utilities, banks, other lenders.) Describe your identity theft problem and follow up with a letter.

Contact the fraud departments of creditors to dispute unauthorized charges (e.g., credit card issuer, phone companies, utilities, banks, other lenders.) Describe your identity theft problem and follow up with a letter.

File a report with your local police department. This may help when clearing your credit.

File a complaint with the Federal Trade Commission (FTC). The FTC handles complaints from victims of identity theft, provides information to those victims, and refers complaints to appropriate entities, including the major credit-reporting agencies and law enforcement agencies.

By Phone: 877-ID THEFT (877-438-4338)

Online Complaint Form: www.consumer.gov/idtheft

Other Resources to Learn More about Identity Theft:
Federal Trade Commission - Internet Fraud
Federal Trade Commission - IDTheft
Identity Theft Resource center
Social Security Administration
Justice Department