Terms and Conditions

Terms and Conditions

The following Terms and Conditions (these “Terms”) constitute a legally binding agreement between you and Reszi, LLC (“Reszi”) concerning your use of Reszi’s website or other online or offline services to locate and/or access a property, submit a rental application, enter into a lease, use other services associated with a property, or use other goods or services offered by Reszi, or that may be offered by Reszi from time to time (collectively, the “Services”).

1. Acknowledgment and Agreement

WE ASK THAT YOU READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE ANY RESZI SERVICES. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RESZI CONCERNING THE MATTERS ADDRESSED HEREIN, INCLUDING WITHOUT LIMITATION, THE SERVICES, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND OTHER MATTERS EXPRESSLY SET FORTH HEREIN. BY ACCESSING OR USING RESZI’S SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE DIRECTED NOT TO ACCESS OR USE THE SERVICES.

2. Arbitration Notice

BY AGREEING TO THESE TERMS, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND RESZI CONCERNING YOUR ACCESS AND USE OF THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (AS DETAILED BELOW IN SECTION 13), AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL. FOR CLARITY, THE ARBITRATION PROVISIONS OF THESE TERMS DO NOT APPLY TO ANY MATTER THAT DOES NOT FALL WITHIN THE DEFINITION OF “DISPUTE” PROVIDED IN SECTION 13, BELOW. FOR MORE INFORMATION ABOUT THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 13.

3. Fraud Prevention Efforts

By accessing and using Reszi’s Services, you acknowledge and agree that we have your consent to share, and in fact hereby direct us to share, your information with Reszi’s fraud prevention team as well as its service providers to prevent fraudulent activity or prevent against other illegal activity, or activity in violation of these Terms.

4. Access/Use of Reszi’s Services

You acknowledge and agree that your access and use of Reszi’s Services are permitted solely for the purpose of identifying or or applying to lease a Reszi property, and using payment, maintenance, related services and functionalities associated with leasing, access, and occupancy of a Reszi property. Any other access to or use of Reszi’s Services is unauthorized. You acknowledge and agree that all information submitted through the Services may potentially be publicly accessible. As such, private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use. You warrant and represent to Reszi that you are not using any Service to impersonate another person or misrepresent authorization to act on behalf of others or Reszi. All messages transmitted through the Services must accurately identify the sender. By registering for use of the Services, you warrant and represent to Reszi that the information you provide on any application or registration form is accurate and pertains only to you. You shall provide up-to-date and accurate information. You are solely responsible for maintaining the confidentiality of any password assigned to you. You shall not share your password with any other person. You acknowledge and agree that you shall be responsible for all actions taken or information provided through your account. You shall notify Reszi promptly of any unauthorized use of your account.

You acknowledge and agree that you shall not do any of the following:

• use any hardware, software or process to interfere or attempt to interfere with the any of the Services or any activity being conducted through the Services;
• attempt to decode or reverse engineer any of the software comprising or making up the Services;
• delete, compromise or alter any material provided by any other person or entity;
• capture, procure, frame or link to any of the materials or information available from the Services;
• post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or that could encourage criminal or unethical behavior;
• post or transmit pyramid schemes or chain letters or conduct any gambling;
• post or transmit anything that violates any copyright or intellectual property rights of any person or entity;
• post or transmit a virus; or
• contact other users of Reszi’s Services through email, telephone calls, mailings or any other communication.

In connection with retrieving information from the Services, you are prohibited from:

• using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction process;
• aggregating, copying or duplicating any of the materials or information available from the site except as may be reasonably required for an ordinary single use of the site; or
• accessing data not intended for you.

Information and materials provided in connection with the Services are provided for general reference only and no warranty or representation is made with regard thereto. Reszi makes no assurance whatsoever regarding any information or materials provided by third-parties. Such information and materials may not be construed as having been validated by Reszi or represent the views of Reszi. Reszi may not monitor all submissions, but reserves the right to do so and to remove or edit anything that is in violation of these Terms or other policies of Reszi.

Should you decide to submit, enter or transmit through use of the Services information or materials of any kind, you are responsible for ensuring that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Services (including Reszi or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up, so you have ready access thereto in the event of loss, corruption or interruption.

Reszi hereby reserves the right to deactivate or suspend use of the Service by anyone for any reason or no reason at all.

5. Consent to be Contacted

You acknowledge that by voluntarily providing your telephone number(s), you expressly consent to receive telephone calls, as well as SMS and MMS text messages from Reszi and Reszi’s agents and affiliates regarding prospective Reszi rental properties that Reszi deems to be relevant to you based on the information you provide through the Services, as well as regarding properties that you apply to lease, including but not limited to content and/or informational alert subscriptions; status notifications; and/or marketing and loyalty promotions, if any. You acknowledge and agree that Reszi and its agents may make automated calls and send text messages to you, even if you cancel your account or terminate your relationship with Reszi, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

You verify that any contact information provided is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide. You agree that you shall not provide a phone number that is not your own. If Reszi discovers that any information provided in connection with your registration is false or inaccurate, Reszi may suspend or terminate your use of the Services at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify Reszi before the change goes into effect by texting STOP to any text message or short code message, calling us at (949) 462-9555, texting us at (520) 210-5553, mail at PO Box 4980, Laguna Beach, CA 92652, email at info@reszi.com , or electronically by visiting https://www.reszi.com/contact . YOU AGREE TO INDEMNIFY, DEFEND AND HOLD RESZI HARMLESS FOR ANY PRIVACY, TORT OR OTHER CLAIMS, INCLUDING CLAIMS UNDER THE FEDERAL TELEPHONE CONSUMER PROTECTION ACT (“TCPA”) OR ITS STATE LAW EQUIVALENTS, RELATING TO YOUR PROVISION OF A MOBILE NUMBER THAT IS NOT OWNED BY YOU AND/OR YOUR FAILURE TO NOTIFY RESZI OF ANY CHANGES IN MOBILE OWNERSHIP OR YOUR CONTACT INFORMATION.

OPT-OUT INSTRUCTIONS:  Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time.  To opt-out of text messages,  text STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to any text message you receive or text STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to a short code, and specify that you want to opt out of text messages. You may also reply with the keyword “HELP” for more assistance, or you can get help directly from: (520) 210-5553. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify Reszi if you no longer wish to receive automated calls or text messages. You hereby waive any right to bring a claim for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, Reszi reserves the right to make non-automated calls to you.

There is no fee to receive automated telephone calls or text messages from Reszi and Reszi’s agents and affiliates. However, message and data rates from your telephone carrier may apply for any messages sent to you from Reszi and to Reszi from you. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is recommended that you contact your wireless provider.

Reszi may engage the assistance of one or more third-parties to facilitate a short code program and to manage data such as the rental properties available, your personal information, your rental applications, and your opt-in and opt-out requests. Reszi may also share information collected about you with third-parties such as vendors, credit reporting companies, and rental databases. Reszi, however, does not sell your opt-in information to any outside entities. Reszi’s full Privacy Policy can be accessed at https://www.reszi.com/privacy .

6. Intellectual Property

Provided you are in compliance with these Terms, you are authorized to access, use and copy information and materials available through the Services only for purposes expressly authorized by these Terms. Certain materials used or related to our Services, including but not limited to our trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files, are proprietary property of Reszi, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including but not limited to copyright and trademark laws. Such materials shall not be copied, imitated, or used, in whole or in part, beyond the authorized uses, without our prior written permission. Violation of this policy may result in infringement of intellectual property and contractual rights of Reszi or third parties which is prohibited by law and could result in substantial civil and criminal penalties. You may not use any meta tags or any other “hidden text” utilizing “Reszi”, “Live Reszi”, or any other name, trademark, or product name of Reszi without our prior written permission.

7. Third-Party Services

Certain Services are offered, provided or rendered by third-parties. In some instances, such services may identify the third-party. You may also be redirected to such third party’s website or service. If so, such third-party may have access to data collected as part of the services rendered, and you may be asked to agree to terms and conditions of use and the privacy policy of such third-party before using its services. Such third-party may share with us information it collects.

8. NO WARRANTIES, LIMITATION OF LIABILITY

THE SERVICES AND ANY MATERIALS PROVIDED THEREIN ARE PROVIDED “AS-IS, WHERE-IS”, AND WITHOUT WARRANTY OF ANY KIND, AND ALL USE IS AT YOUR SOLE RISK. RESZI SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RESZI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, OR DATA PROVIDERS, SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT RESZI CORRECT THE MATTER OR, IF RESZI FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Reszi, its parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees from and against and from any and all claims, causes of action, demands, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) arising from or related to your use of the Services, your violation of these Terms, and/or from your placement or transmission of any content through the Services, including, without limitation, any actual or threatened Claim made against Reszi arising out of or relating to your access or use of the Services, your conduct, your actual or alleged violation of these Terms, or your actual or alleged violation of the rights of any third-party. Reszi reserves the right to take over the exclusive defense of any Claim for which we are entitled to indemnification under these Terms.

10. Limitation of Claims

Regardless of any applicable law to the contrary, any Claim arising out of or related to your use of the Services and these Terms must be filed within one (1) year after such Claim arose, or such Claim shall be barred forever.

You shall be sole responsible for any use of internet facilities conducted or permitted by you or any of your clients; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your clients, agents, contractors, servants, employees, or other users.

11. Fair Housing/Equal Housing Opportunity

Reszi is an Equal Housing Opportunity company, which means Reszi (as well as all of our affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The federal Fair Housing Act prohibits discrimination in housing because of: Race/Color, National origin, Religion, Sex, Familial Status, Handicap (or disability). Reszi also operates in states and local jurisdictions which have additional fair housing laws and added protected classes. Reszi is also responsible for complying with those laws and regulations. As such, all rental properties identified in this Site are subject to the federal Fair Housing Act and its state law counterparts. Reszi will not knowingly permit or allow any discriminatory conduct in the rental of its properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development (“HUD”).

12. Privacy Policy

Additional information on how Reszi collects, uses, stores, and shares the information it collects from and about you when you use the Services, please visit Reszi’s Privacy Policy at Reszi https://www.reszi.com/privacy . By accessing and using the Services, you confirm you have read and understand Reszi’s Privacy Policy. The Privacy Policy is a statement of information practices only and is not incorporated by reference into these Terms.

13. Arbitration/ Waiver of Jury Trial and Class Action

Applicability. The terms of this Section 13 shall apply to all Disputes between you and Reszi. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and Reszi arising under or relating to your use of the Services, these Terms, or any other transaction involving you and Reszi, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND RESZI AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR RESZI FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY MATTER ARISING FROM OR RELATED TO YOUR TENANCY INCLUDING, WITHOUT LIMITATION, UNLAWFUL DETAINER OR EVICTION PROCEEDINGS.

Binding Arbitration. You and Reszi agree: (1) to arbitrate all Disputes between you and Reszi pursuant to the provision of these Terms; (2) these Terms memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms.

Dispute Notice. Either you or Reszi shall initiate an arbitration by first sending to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Reszi must be addressed to: 8343 Douglas Ave., Suite 350, Dallas, TX 75225 (“Reszi Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Reszi and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Reszi may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

Small Claims Court. Notwithstanding the foregoing, any party may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Consumer Arbitration Rules (“AAA Rules”), as applicable; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing Format. Unless otherwise agreed, the arbitration shall take place in Dallas County, Texas, but may proceed telephonically in the event the total amount of the claim does not exceed $10,000 U.S. dollars. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by Reszi or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Reszi is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

Arbitration Fees and Costs. Reszi will pay you for fifty-percent (50%) of all filing, administration, and arbitration fees for any arbitration commenced by you or Reszi pursuant to these Terms. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to Reszi at PO Box 4980, Laguna Beach, CA 92652 within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Exclusive Venue for Other Controversies. Reszi and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of Texas, County of Dallas, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy; provided that all unlawful detainer or eviction proceedings and matters related thereto shall be filed in state court in the county in which the real property that is the subject of such proceeding is located.

WAIVER OF CLASS ACTIONS. YOU HEREBY WAIVE ANY RIGHT TO INITIATE OR MAINTAIN ANY CLAIM AGAINST RESZI AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND RESZI AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

14. Choice of Law

These Terms are governed by the laws of the State of Texas without regard to its conflict of law provisions.

15. Changes

Reszi reserves the right to change or modify these Terms at any time and in our sole discretion. Please review these Terms and their version dates frequently, as changes or modification will be effective immediately upon posting of the revisions to the Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

16. Severability.

If any provision in these Terms, or portion thereof, is found to be unenforceable, such provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.