1. Information Collection.
a. Personal Information. Unison is committed to appropriately managing any personal information You share with us through the Website. “Personal information” means any information that can be used to identify an individual, such as a first and last name, personal profile, financial information, a home or work or other physical address, telephone number, email address or other contact information. While at this time we do not require users to register or to provide personal information in order to access the portion of the Website that is open to the public, Your failure to provide certain personally identifying information when asked may prevent certain features of the Website from functioning, or prevent Unison from effectively responding to certain of Your requests through the Website. The Website will collect only that personally identifying information that You provide in response to a direct request.
b. Non-Personal Information. Some of Unison’s Website pages may utilize “cookies” or other tracking technologies. A cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. The purpose of any cookie placed on Your computer will be to identify you as a unique user of the Website. Most browsers allow You to control cookies, including whether or not to accept them and how to remove them. Unison uses analytics tools and other third party technologies, such as Google Analytics, to collect these website usage and user metrics on our online Sites and/or Services. This data is non-personal. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage, MAC Address, mobile unique device ID, and other similar information.
The third party analytics companies who collect information on our Sites and/or Services and other online programs and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile programs and services relating to your activities across their network of websites as well as online and/or mobile programs and services. Many of these companies collect and use information under their own privacy policies.
We may allow some third party companies to help us to deliver relevant Unison advertising to you based upon an analysis of your use of Unison Sites and/or Services. Our use of these technologies to tailor advertising to you is dependent on tracking cookies. You may opt out of Google Analytics tracking by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions.
In some of our email programs, Unison uses tracking methods to see who opens and clicks on hyperlinks in emails. We use this information internally to improve our communications and deliver more relevant messages. We don’t share this information with any third parties.
c. Children. The Website is not directed to children under thirteen years of age. It is the policy of Unison not to knowingly collect, and Unison does not intend to collect, personally identifiable information on children under the age of thirteen.
2. Information Use and Disclosure.
a. The Website and Unison will use the personally identifying information You provide to perform the function or functions in connection with which You provide it. We may share personal information with third parties, such as service providers, when we reasonably believe that disclosure is necessary for the conduct of our business. In such cases, we will have agreements with the third party service providers under which the providers agree to maintain the confidentiality of Your information and to use it only to help us serve You. From time to time, Unison may release Traffic Data and information gathered using cookies in the aggregate. We may share aggregated demographic and other data and related usage information with third parties. This aggregated information will not contain any personal information that can identify an individual user.
b. We may share Your personal information with or transfer it to our affiliated companies and our successors and assigns to improve our service to You, to bring to Your attention programs and services in which You may be interested, and as is otherwise reasonably necessary for the conduct of our business. From time to time, we may share Your name, contact information, or other personal information with unaffiliated business partners for their use in marketing their products and services to You.
c. We may share personal information with others:
- when necessary in order to resolve customer disputes and complaints
- to protect against fraud
- to respond to a subpoena
- to report to a credit bureau and;
- when otherwise necessary to comply with laws, regulations, and judicial or administrative orders and directives.
d. We may share financial, underwriting, and processing information about the Unison HomeBuyer Agreement or Unison HomeOwner Agreement with affiliates and others who have a financial interest or potential financial interest in the Unison HomeBuyer Agreement or Unison HomeOwner Agreement or portfolios of the Unison HomeBuyer Agreement or the Unison HomeOwner Agreement.
3. Third Party Websites.
4. Security of Personal Information.
We take a number of steps to protect Your personal information. Here are some examples:
Consistent with industry standards, we have implemented security policies to protect and safeguard the personal information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. We authorize our employees, agents, service providers and contractors to get information about You only when they need it to do their work for us (e.g., in order to process Your application, and originate and service Your Unison HomeBuyer or Unison HomeOwner Agreement). We require companies working for us to protect information. They agree to use it only to provide the services we ask them to perform for us.
If You provide us with an email address or phone number, or choose to communicate with us by email or phone, then emails or phone calls from us to You will be considered to be sent or made with Your consent.
Your relationship with Unison and products and services provided by Unison may also be governed by other written agreements. In the event of any conflict between this Agreement and the terms of such written agreements that may be executed by and between You and Unison, the terms of such written agreements will control.
2. Changes in Terms
Unison also may, at any time and without notice, modify or discontinue the Website. You agree that Unison shall have no obligation of any sort to You in connection with any modification or discontinuance of the Website.
Unison may terminate Your access to this website for any reason, at any time, with or without notice to you.
3. Permitted Purposes
You agree that You will not use or attempt to use the Website for any purpose other than conducting business with Unison or its affiliates as a bona fide client of Unison and in each case solely for Your personal, non-commercial use, and You may not reproduce, sell or distribute the information provided thereon.
4. Prohibited Uses
You represent and warrant that You will not use the Website to:
- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Website or any portion thereof without Unison’s prior written consent.
- Upload, post, publish, transmit, reproduce or distribute through the Website any material that violates or infringes any third party’s privacy, intellectual property, copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed nondisclosure obligations.
- Engage in conduct that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others, or which harms the goodwill or standing of Unison or any of its clients, partners, employees, affiliates, agents, contractors or representatives.
- Alter, interfere or disrupt the content or functioning of the Website through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the Website.
- Attempt to probe, scan, test, or violate, or use the website to gain unauthorized entry or access to other associated computer systems or networks or to obtain unauthorized access to materials or other information stored thereon.
- “Mirror” the Website or any of its content on any other server without the express prior written permission of Unison.
- Impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content You post or otherwise transmit to us or via the Website.
- Upload, post, publish, transmit, reproduce or distribute through the Website any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
- Attempt to interfere with the use of the Website by any other user. Unison reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
5. Third Party Websites.
In the event that the Website may be linked to or from other Third Party Websites, the Website may not be linked in such a way that causes the pages of the Website to be displayed within a frame on such Third Party Website, or may be displayed on a browser screen accompanied by advertising or other content not found on the Website. The fact that a third party provides a link to the Website does not indicate that an endorsement, agency, joint venture, or similar relationship exists between Unison and such third party
6. Intellectual Property.
You acknowledge and agree that all content, Web pages, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website, including, without limitation all text, graphics, artwork, logos, icons, images, audio clips and video clips (collectively, “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Web Page Content are owned by Unison and are the copyrighted property of Unison and/or its licensors and affiliates, and protected by U.S. and foreign copyright laws and international conventions. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers used and displayed on the Website are registered and unregistered trademarks of Unison and/or its licensors and affiliates in the United States and other countries, including the Unison name and the domain names: UNISON.COM, MYUNISON.com, GETUNISON.com, UNISONHOMEBUYER.com, UNISONAGREEMENT.com, UNISONINVESTORS.com, 1REX.com, 1STREX.com, 1REX.co, 1REX.net, 1REX.org, 1REX.biz, 1REX.info, 1REX.us, 1REX.mobi, 1STREX.net, FIRSTREX.net, REX-INC.com, REXHOMEBUYER.com and REXAGREEMENT.com. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to any of Unison or its licensors’ copyrights, trademarks or service marks. You acknowledge and agree that such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means (including display in meta tags or hidden text), without the prior written permission of Unison, its licensors, or any other copyright owner
7. Disclaimer of Warranties.
UNISON HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND ANY CONTENT OBTAINED OR ACCESSED THROUGH IT IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNISON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE INFORMATION PUBLISHED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE WEBSITE. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR SYSTEMS OR DATA. NO THIRD PARTY IS AUTHORIZED TO CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE IN THIS AGREEMENT
8. Risks of Use.
Access to the Website may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to the Website is unavailable or delayed at any time, You agree to use alternative means to obtain information from Unison, such as by contacting Unison or a Unison customer service account representative. Unison will not be liable to You if You are unable to access information or any online service made available through the Website.
Unison will not be liable for any loss that results from (a) the failure of electronic or mechanical equipment or communication lines; (b) telephone network issues; (c) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software; (d) the failure or unavailability of Internet access; (e) problems with Internet service providers or other equipment or services relating to Your computer or network; (f) problems with computer or communications networks or facilities; (g) problems with data transmission facilities or Your telephone, cable or wireless service; or (h) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. Unison is also not responsible for any damage to Your computer, software, modem, telephone, wireless device or other property related in any way from Your use of the Website.
9. Limitation of Liability.
THE LIABILITY OF UNISON IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNISON SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO UNISON. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR FIRST REMEDY IS TO STOP USING IT. THE MAXIMUM LIABILITY OF UNISON AND ITS AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN UNISON and YOU, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
10. Consent to Communications.
If you have an account or business relationship with Unison, You agree that we may contact You regarding Your account or our relationship. Unison may also contact You by email or over the phone about services and products we believe may be of interest to You. You may opt-out of future promotional emails by clicking on the opt-out link and following instructions contained in any of the automated emails that You receive from us. We reserve the right, however, to contact You with important information relating to Your account or our relationship, including legal communications, unless applicable law requires Your affirmative consent to receive legal communications electronically and You have not provided that consent. You are deemed to have received communication when emails or phone calls are sent or made to the most recent email address or phone number that You have provided to us
11. Applying for Services or Changing Existing Services.
If You apply for a program or service through the Website, You authorize Unison to treat Your application or request as if it had been made in writing and signed by You. By entering Your information on this website or otherwise You are making an inquiry as to the programs and services offered by Unison and give Unison permission to contact through email, fax, or telephone, or any means, even if Your phone number is on a “Do Not Call” list. When You enter Your information on our website or otherwise, we may send Your information to our affiliates or service providers. If You have any questions or concerns please call us before entering such information
12. Protecting your User Name and Password.
Unison uses passwords to prevent unauthorized access to certain areas of the Website. If You have been granted access to any such area, You agree to comply at all times with any security or operating procedures that Unison establishes. You will be responsible for the confidentiality and use of Your user name, password and other security-related identifiers. You agree not to hold Unison liable for any damages of any kind resulting from Your decision to disclose Your user name or password to any third party. You will be responsible for any access to the Website made under Your user name and password. You agree to immediately notify us if You become aware of any loss or theft of Your user name or password or of any unauthorized use of Your user name or password or of the Website, any information therein, or any online services offered through the Website. We may suspend or cancel Your access to the restricted areas within the Website if we suspect the Website is being used in an unauthorized manner.
You agree to indemnify, defend and hold harmless Unison and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “ Unison Parties”), from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) Your use of the Website; (b) any violation by You of this Agreement; or (c) Your submission to Unison of incomplete, inaccurate or untimely information or other data. The Unison parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
Unison reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all
15. Choice of Law; Jurisdiction and Venue; Attorneys’ Fees.
The Website is located and operated by Unison in San Francisco, California. This Agreement shall be interpreted and enforced as though executed in San Francisco, and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COUNTS LOCATED IN SAN FRANCISCO, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
The prevailing party in any dispute will be entitled to its reasonable attorney’s fees and costs, in addition to all other available recovery and relief.
16. Severability; Waiver.
If any clause or provision of this Agreement is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction; nor shall a waiver by either party of any term or condition or any breach thereof in any one instance, waive such term or condition or any subsequent breach thereof.
17. Successors and Assigns.
You may not transfer or assign any of the obligations, rights or interests under this Agreement without the prior written consent of Unison. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and Unison.
19. Entire Agreement.
This Agreement states the entire agreement between You and us concerning the use of this Website, and may not be amended or modified except through a written agreement signed by an officer of Unison.
20. Customer Service.
If You need assistance with the Website or with any service or information provided through it, or if You need to communicate with Unison, telephone Unison at 415-992-4200 or write to us at:
650 California Street, Suite 1800
San Francisco, CA 94108
You agree that we may record the conversations our employees have with You. We do this from time to time to monitor the quality of service and accuracy of information our employees give You.
Since Unison is not a lender or a bank, and your Unison Agreement is not a loan, federal and state mortgage and banking institution licensing or approval requirements do not apply to Unison. However, Unison and your agreement with Unison are subject to certain state and federal laws and regulations, including the federal Fair Credit Reporting Act, the Federal Trade Commission Act, and the privacy provisions of the Gramm-Leach-Bliley Act, among others.
While federal regulations that apply strictly to lenders and banks, such as the Truth-In-Lending Act and the Real Estate Settlement Procedures Act, and their state law counterparts, do not directly apply to Unison or your agreement with Unison, Unison recognizes the importance of the consumer safeguards contained in these regulations, and has thus imported many of the critical consumer safeguards provided by these laws into its programs and processes. Unison is appropriately licensed (typically as a real estate broker) in the states where it conducts business.
We cannot overemphasize the importance of having a full understanding of the features of the Unison HomeBuyer Agreement or Unison HomeOwner Agreement before entering into it. You are urged to carefully review the Unison HomeBuyer or Unison HomeOwner Program Guide, QuickStart educational video, important information notices and other Unison disclosures, and the Unison HomeBuyer Agreement or Unison HomeOwner Agreement legal documents and other materials before entering into a Unison HomeBuyer Agreement or Unison HomeOwner Agreement. These documents and materials will be given to you during the application process.
You are also strongly urged to review these documents and materials with your legal, tax and financial advisors, and family members, before deciding if a Unison HomeBuyer Agreement or Unison HomeOwner Agreement is right for you, and in order to fully understand the following:
- Your responsibilities under the agreement
- The cost of obtaining the agreement
- What will happen when you decide to sell your home or otherwise end your agreement with Unison
- The rights your agreement with Unison gives you
- The rights your agreement with Unison gives Unison
- The tax implications of your agreement with Unison
- The effect of your agreement with Unison on your family and heirs
There are no interest charges to you or monthly payments in connection with the funding you receive from Unison using a Unison HomeBuyer or Unison HomeOwner Agreement. You will be responsible for paying interest charges, monthly payments and financial obligations in connection with any other mortgages, lines of credit or loans which you may have or take on your home. You also will be responsible for real estate taxes, hazard insurance, and any other obligations with regard to your home.
Figures used in all examples provided to you on this website or otherwise are for the purpose of illustration only; the terms offered in a specific Unison HomeBuyer or Unison HomeOwner Agreement may be materially different. Certain fees, including a transaction fee, will apply when you enter into a Unison HomeBuyer or Unison HomeOwner Agreement. The amount and purpose of any fees will provided to you in writing during the application and approval process.
When you sell your home, you, and not Unison, will be responsible for paying all loans that are secured by liens on the property and all costs you may incur in selling your home, including real estate sales commissions and the cost of an appraisal, either from your share of any sale proceeds or from your other assets. If the sales proceeds are not sufficient to pay all of the mortgage loans, commissions and closing costs and the amount due to Unison, you are required to make up any shortfall.
If your home drops significantly in value, we can lose our entire investment, which are the funds you receive at the start of the Unison HomeBuyer or Unison HomeOwner Agreement, but nothing more. We cannot lose more than the amount we give you at the start of your agreement with Unison.
If the value of your home rises dramatically, we can earn a substantial return on our investment, but that would typically mean that you also made a significant profit on your home. The amount that Unison earns as its return on its investment may substantially exceed the total amount of interest payments that you would have paid if you had borrowed a similar amount.
While Unison will typically subordinate to new loans offered to you by mortgage lenders, in an amount up to an agreed limit, we cannot guarantee whether mortgage lenders will agree to lend on a property with a Unison HomeBuyer or Unison HomeOwner Agreement to the same extent or on the same terms as they would for a property without a Unison HomeBuyer or Unison HomeOwner Agreement.
After the first three years of your agreement with Unison you may request to end it by special termination. To do this, a third party independent appraisal will be obtained to determine the current value of your home. The special termination payment will equal the amount originally invested by Unison plus any profit Unison would have made if you had instead sold your home for the appraised value. The minimum special termination payment will equal the amount of Unison’s investment in your home. The Unison HomeBuyer and Unison HomeOwner Agreements are designed for use by home buyers and homeowners who intend to owner occupy their homes for a period of at least three years. They are not designed for use as short-term (less than three-year) financing, and we actively discourage home buyers and homeowners from using it for such a purpose, or for any purpose involving real estate speculation. Therefore, if you sell your property or your agreement with Unison otherwise ends within the first three years of the term, Unison will not share in any decrease in home value. If you are unsure about whether you will remain in your home for at least three years, you should consider alternatives to the Unison HomeBuyer or Unison HomeOwner Agreement.
While the Unison HomeBuyer and Unison HomeOwner Agreements provide special conditions and terms for attributing the value of certain improvements made to the property during its term to the homeowner so that Unison does not benefit from any increase in value attributable to such improvements, there may be – and often is – a significant difference between the actual cost of improving or remodeling your home and the increase in market value attributable to such improvements as of the time of sale. During the term of your agreement with Unison, you are required to maintain the property in good condition, subject to normal wear-and-tear, and special conditions may apply in the event such requirements are not met. Any significant decrease in value of the property resulting from your failure to maintain or repair property conditions during the term of your agreement with Unison will be attributed to you when the agreement ends.
If you do not honor your obligations, or you default under the Unison HomeBuyer or Unison HomeOwner Agreement, Unison has various rights, including the right to foreclose on the property.
At the end of Year 30 you are required to end the Unison HomeBuyer or Unison HomeOwner Agreement by either selling your home or by otherwise settling the agreement. Following the death of all of the homeowners that signed the Unison HomeBuyer or Unison HomeOwner Agreement, the heirs or estate will be required to settle the agreement within a certain period of time by either selling the home or otherwise settling the agreement. Each homeowner’s tax situation is unique. Unison does not give tax advice. Unison urges you to contact your tax professional for any tax advice regarding the Unison HomeBuyer or Unison HomeOwner Agreement.
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