Terms and Conditions

Last Updated : June 6, 2024

Welcome to Rexdat

Rexdat and its subsidiaries and affiliates, including any that it may form or acquire in the future (“Rexdat”), provide this website (the “Site”), and any other content, applications, features, functionality, information, and services offered by Rexdat through the Site (“Services”), subject to your compliance with these Terms and Conditions (“Terms and Conditions”). The Terms and Conditions are a legally binding contract between you and Rexdat.

By accessing or using the Site or Services, or by otherwise accepting these Terms and Conditions, you (an individual or entity) agree to the terms and conditions set forth in these Terms and Conditions. These terms apply to sellers, buyers, and other users alike. Please read these Terms and Conditions carefully before using the Site. If you violate, or do not agree to, these Terms and Conditions, your access to and use of the Site, is unauthorized.

These Terms and Conditions and/or the Site may be changed at any time and notice of such changes shall be given by posting updated Terms and Conditions on the Site with the updated date next to “Last Updated.” Your continued use of the Site following any such change constitutes acceptance of the updated Terms and Conditions.

The terms “we,” “us” and “our” means Rexdat. The terms “you,” “your” or “user” means the users of the Site.

These Terms and Conditions contain a mandatory arbitration provision that, as further set forth in section 17 below, requires the use of arbitration on an individual basis to resolve disputes. It does not allow jury trials or any other court proceedings or class actions of any kind.

1. Your Privacy

Your privacy is important to us. Please also review our Privacy Policy, which details how your information is collected and used when you use our Site and Services. By using our Site and Services, you are consenting to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (as updated from time to time), which is incorporated into these Terms and Conditions and also governs your use of the Site.

2. License to Use Our Site

Rexdat grants you a limited, non-exclusive, non-transferable, revocable, license (“License”) to access and use the Site pursuant to these Terms and Conditions.

3. How it Works

Rexdat’s platform represents a paradigm shift in the real estate industry, a modern, subscription-based nationwide listing solution. By inputting listing data into Rexdat you are maximizing the potential consumer reach via barrierless access and listing syndication.

4. Orders and Payment

5. Account Registration

Certain features or functionality of the Site and Services require that you register an account (“Account”). In order to register an Account, you will need to provide us with certain information, including but not limited to, your name, delivery address, payment information, email address, and phone number. You represent and agree that all of the information you provide us will be true and complete. You agree to keep any Account information current and up to date, keep your Rexdat username and password confidential, and to access the Site from devices that have up-to-date operating systems and security software. You agree not to share your Account with any other person. You will be responsible for all purchases made, and other activity that occurs, through your Account.

6. Proprietary Rights

The Site contains valuable trademarks and service marks owned by Rexdat, or other content providers. All content on the Site (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Rexdat, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to, and use of, the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. Rexdat, other content providers, or their licensors, retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Rexdat neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.

Any other use of the material on the Site, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from any material, information, software, products, or services obtained from the Site, or use of the Site or any content on the Site for purposes competitive with Rexdat or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.

7. Communications and Content You Submit

For all communications with Rexdat, including but not limited to feedback, questions, comments, and suggestions: (i) you will have no right to confidentiality in your communications and Rexdat will have no obligation to protect your communications from disclosure; (ii) Rexdat will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Rexdat will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

You may provide, post, or upload certain content for publication on the Site (“Your Content”). You are solely responsible for Your Content and the consequences of it being posted or published by you or us. By providing or uploading Your Content, you represent that (i) Your Content is consistent with the Acceptable Use provision in section 9 below, is accurate, and is not false or misleading, and (iii) you have proper ownership or license to grant Rexdat, and do grant Rexdat, a non-exclusive worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use Your Content in the provision of service to you and others.

8. Reporting Unauthorized Content

If you believe in good faith that any content that you own or have rights to has been posted to the Site without your permission and you want it removed, please contact us by email or mail using the contact information under the “Contact Us” section below, pursuant to the Digital Millennium Copyright Act of 1998. Your notice must include: (i) identification in sufficient detail of the copyrighted work that you claim has been infringed; (ii) identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright; (iv) the electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf; (v) a statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner or its agent or the law; and (vi) a statement that you swear under penalty of perjury that the information contained in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If Your Content is alleged to infringe on another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice, terminating your Account, and/or ceasing your use of our Services. You will have an opportunity to file a counter notification if you believe that Your Content has been removed as a result of a mistake.

9. Acceptable Use of the Site

As a condition of your license to use and access the Site, you agree that you will not do any of the following:

10. Email Communications

You consent to receive communications from us including emails, SMS messages, mobile push notices, or notices and messages. You can manage preferences, including whether you want to receive our news and updates, when making a purchase and by contacting us by email or mail using the contact information under the “Contact Us” section below.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw such consent to receive Required Notices electronically contacting us by email or mail using the contact information under the “Contact Us” section below. In order for Rexdat to send your Required Notices in the mail, which may be at your expense, you must provide a current mailing address.

11. Listing Syndication

Once a listing is published within the Rexdat platform the following listing syndication functionality becomes available. Listing syndication via Rexdat includes opt-in syndication and automatic syndication.

Opt-in Syndication Channels:

  • Internet Data Exchange (IDX)
  • Virtual Office Websites (VOW)
  • Syndication Portals (i.e. Realtor.com, Homes.com)

Automatic Syndication Channels:

  • Realoq.com
  • Realoq controlled social media accounts (i.e. Facebook, Instagram, TikTok, X (formally Twitter))

12. Refund Policy

All sales are final. Rexdat does not offer refunds, except to correct billing errors including charges for Services that are not delivered. By making a purchase on our Site, you are agreeing to this Refund Policy.

13. Limitation of Liability

IN NO EVENT SHALL REXDAT, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) 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 THIS SITE OR SERVICES, OR THE SERVICES SOLD ON THE SITE.

IN NO EVENT SHALL REXDAT’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS OR THE AMOUNT YOU PAID REXDAT IN THE PAST TWELVE MONTHS.

14. No Warranty

THE SITE AND ANY OFFERING MADE AVAILABLE TO YOU THROUGH THE SITE IS PROVIDED “AS IS”. REXDAT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL 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. FURTHERMORE, REXDAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SITE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Rexdat and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against, any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to, or use of, the Site, any of Your Content that you post or submit to the Site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms and Conditions.

Rexdat reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Rexdat if and as requested by Rexdat in the defense of such matter.

16. Outages

Rexdat periodically schedules system downtimes for the Site for maintenance and other purposes. Unplanned system outages may also occur. You agree that Rexdat has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.

17. Termination

If you have an Account with Rexdat, you may terminate your Account at any time through your Account settings or contacting us by email or mail using the contact information under the “Contact Us” section below. If you delete your Account, your personal information (name, phone number, address, email, profile picture, etc.) will be deleted permanently and cannot be recovered. You will not be able to reactivate your Account. However, information where other members are involved (conversations with other people, transactions you have made, reviews you have given to others, etc.) is not removed when you delete your Account, but your name will no longer be displayed next to this information. If you are a Third Party Professional, you can request for Rexdat to cease to sell your services and for Rexdat to delete your personal information.

We may close your Account, cease to permit you to purchase Services on our Site, at any time in our sole discretion and without notice to you, including if we believe you are using the Site in a manner not intended by us or in a way that violates our Terms and Conditions, or for any other reason. In no case will Rexdat’s closure of your Account, or reduction of your access to the Site, waive or affect any other right or relief to which Rexdat may be entitled.

We may change, suspend, or discontinue any of the Services provided on our Site at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you.

These Terms and Conditions will remain in effect even after your access to the Site is terminated, or your use of the Site ends.

18. Resolution of Disputes

We hope to be able to settle any disputes with you. If we cannot, these provisions will govern any legal disputes.

Miscellaneous

19. Contact Us

If you have any questions or comments, please contact us by emailing us at rexdat@realoq.com