Terms and Conditions

 

These Terms and Conditions (the "Terms") govern your use of the website located at www.rezysave.com operated by Rezy Group, Inc. (“RezyGroup”) or any other website or mobile application of ours that links to these Terms (collectively, the "Sites"). By using the Sites, you agree to these Terms. 

 

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and RezyGroup are resolved, including an agreement to arbitrate, which will require you to submit claims you have against us to binding and final arbitration and limit you to claims against RezyGroup on an individual basis. 

 

 1. Applicability of these Terms for Existing Customers

 

RezyGroup provides a suite of Internet-enabled devices, software applications, websites (including this website), and platform services for RezyGroup’s customers, typically owners or operators of multi-unit residential properties (“Customers”), and their tenants. 

If you are a Customer receiving RezyGroup products and services under one or more separate written agreements between you and RezyGroup or one of its affiliates (each, an “Enterprise Agreement”), these Terms apply only to your use of the Sites and in the event of a conflict between this Agreement and an Enterprise Agreement, the Enterprise Agreement shall control. 

2. Use of the Sites

 

When you access or use the Sites, you may not: 

  • violate any law or regulation;

 

  • violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to other accounts on the Sites or any other computer network or to portions of the Sites that are restricted;

 

  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

 

  • send unsolicited or unauthorized advertising or commercial communications, such as spam;

 

  • disseminate, store, or transmit viruses, trojan horses or any other malicious or unsolicited software;

 

  • stalk, harass, or harm another individual;

 

  • impersonate or misrepresent your affiliation with someone else, create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;

 

  • use any means to "scrape," "crawl," or "spider" any Web pages contained in the Sites or other Sites (although RezyGroup may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and RezyGroup reserves the right to revoke these exceptions either generally or in specific cases);

 

  • use automated methods to use the Sites in a manner that sends more requests to the RezyGroup servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or

 

  • interfere with or disrupt the Sites.

 

3. Ownership

 

We own or license the content on the Sites, including, but not limited to, all software, text, images, videos, and other visual and audio-visual content ("Content"); RezyGroup trademarks, trade names, logos, and brand elements (“RezyGroup Marks”); and the trademarks, trade names, logos and brand elements of third-party products and Sites that may be displayed on the Sites ("Third-Party Marks"). The Content, RezyGroup Marks, and Third-Party Marks (collectively “Materials”) are protected under U.S. and international laws. The use of Materials on the Sites by RezyGroup does not constitute a waiver of any rights in such Materials. We reserve the right in our sole discretion to edit or delete any Materials without notice. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Sites is strictly prohibited without the express written consent of RezyGroup or, as applicable, RezyGroup’s licensors. 

 

4. Feedback and Submissions

 

We welcome and appreciate your feedback and suggestions about the Sites and our services. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use your feedback or suggestions without compensation to you. 

 

5. Privacy

 

RezyGroup respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. 

 

6. Links

 

Our Sites may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it. 

 

7. Changes and Corrections to the Sites

 

RezyGroup enhances and updates its Sites often. We may change or discontinue the Sites, with or without notice to you. RezyGroup reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. 

 

8. Disclaimer and Limitations on Our Liability

 

YOU USE THE SITES AT YOUR OWN RISK.  EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT BETWEEN YOU AND REZYGROUP, THE SITES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REZYGROUP, ITS CORPORATE AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF OR IN THE COURSE OF CONDUCT, TRADE, CUSTOM OR USAGE). 

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REZYGROUP NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITES OR SITES. 

 

To the extent RezyGroup may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of RezyGroup’s liability will be the minimum permitted under such law. 

 

9. Indemnification

 

You agree to indemnify, defend, and hold harmless RezyGroup and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information that you submit, post, or transmit through the Sites; (b) your use of the Sites; (c) your violation of these Terms; or (d) your violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights. RezyGroup reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with RezyGroup in such defense. 

 

10. Other Provisions

 

These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict or choice of laws rules or provisions. 

 

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Privacy Policy, or the Sites, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means after using good faith efforts to do so, either party may initiate binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, RezyGroup will pay the additional cost. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.  

 

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. 

 

The failure of RezyGroup to enforce any right or provision of these Terms will not prevent RezyGroup from enforcing such right or provision in the future. 

 

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law. 

 

11. Changes to these Terms

 

From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Sites. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Sites, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Sites.