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ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“Agreement”)

In consideration for the mutual promises to arbitrate Claims, for Your access to and use of the online applications/leasing system and network provided by RealPage, Inc., RP On-Site LLC, Buildium, LLC, or Propertyware LLC, and for other valuable consideration, You agree to the specific provisions below. In doing so, You acknowledge that this Agreement is a legally binding agreement between You and RealPage, as defined below:

1. RealPage defined: The property to which You are applying for housing (the “Property”) utilizes RealPage, Inc., RP On-Site LLC, Buildium, LLC, or Propertyware LLC as a solutions provider to, among other things, assist the Property with the intake and processing of lease applications and/or the preparation of tenant screening reports. As the term is used in this Agreement, “RealPage” refers to RealPage, Inc., RP On-Site LLC, Buildium, LLC, Stratis IoT, Inc., RealPage Payments Services LLC, DepositIQ and RentersIQ Insurance Agency, LLC, ClickPay Services, Inc., Modern Message Inc., Chirp Systems, Inc., RealPage Utility Management Inc., RealPage Payment Processing Services, Inc., Knock, Inc., or Propertyware LLC, as applicable, and each of their respective parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, successors and assigns.

2. Claims covered by this Agreement: As used in this Agreement, “Claim(s)” refer to all disputes, claims and controversies, or disagreements, whether based on past, present, or future events, between You and RealPage relating to, arising out of, or pertaining in any way to, Your application for housing at the Property, any application(s) for housing at other properties that use RealPage’s services, services RealPage provides to the Property or any other properties, or any tenant screening report(s) prepared, reviewed, or used in connection with Your application for housing at the Property or any other properties in the future. The Claims include, but are not limited to:

  • Those that, in the absence of this Agreement, would have been heard in a court of competent jurisdiction under applicable state or federal law;
  • Claims under any legal or equitable theory of liability, including claims for breach of any contract or covenant, whether express or implied, common law claims, tort claims, statutory claims, defamation claims, Fair Credit Reporting Act claims, and state and federal statutory claims under any provision of law regulating background checks, credit checks, consumer reports, investigative consumer reports, or analogous reports or checks; and
  • Disputes relating to the formation, interpretation, applicability, scope or enforceability of this Agreement.

3. AGREEMENT TO ARBITRATE “CLAIMS”: YOU AND REALPAGE AGREE THAT ANY AND ALL CLAIMS SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU AND REALPAGE FURTHER AGREE THAT ANY SUCH CLAIMS RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT SHALL BE DECIDED BY THE ARBITRATOR, NOT A COURT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY CLAIM RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING CLAIMS THAT THE AGREEMENT IS VOID OR VOIDABLE.

4. CLASS ACTION WAIVER: YOU AND REALPAGE EXPRESSLY AGREE THAT ALL ARBITRATIONS PURSUANT TO THIS AGREEMENT WILL BE LIMITED TO INDIVIDUAL, NOT REPRESENTATIVE CLAIMS. YOU AND REALPAGE EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION PERTAINING TO A CLAIM IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU AND REALPAGE ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS OR REPRESENTATIVE ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS OR REPRESENTATIVE ACTION SOMEONE ELSE BRINGS IN COURT. You and RealPage acknowledge that this class action waiver is integral to this Agreement. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, You and RealPage agree that this Agreement will not apply, and any Claim shall be resolved in court. That is, You and RealPage agree that this class action waiver cannot be severed from this Agreement. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.

5. JURY AND COURT WAIVER: BY AGREEING TO ARBITRATION, YOU AND REALPAGE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS.

6. Applicable Law: You and RealPage agree that, notwithstanding any other choice of law provision, this Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

7. OPT-OUT: IF YOU DO NOT WANT THIS AGREEMENT TO APPLY, YOU MAY OPT-OUT OF IT BY SENDING TO REALPAGE, ATTN: CHIEF LEGAL OFFICER, AN OPT-OUT NOTICE E-MAIL TO ARBITRATIONOPTOUT@REALPAGE.COM WITHIN FOURTEEN (14) DAYS OF YOUR SUBMISSION OF YOUR APPLICATION TO THE PROPERTY. THIS E-MAIL OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE NAME OF THE PROPERTY THAT PRESENTED YOU WITH THE AGREEMENT; (C) THE DATE YOU APPLIED FOR HOUSING WITH THE PROPERTY; AND (D) A STATEMENT THAT YOU ARE OPTING OUT OF THE AGREEMENT.

8. Procedure for Initiating Arbitration: You and RealPage agree that JAMS shall conduct any arbitration initiated pursuant to this Agreement. To initiate arbitration, You may contact JAMS at 1-800-352-JAMS or www.jamsadr.com. A demand for arbitration form can also be found at https://www.jamsadr.com/submit. If You file an arbitration claim against RealPage, You are responsible for paying $250 of JAMS’ fees. RealPage agrees to pay the remainder of JAMS’ fees, if any, on your behalf. Arbitration shall be held in the state in which You reside at the time You initiate the arbitration.

9. Small Claims: Notwithstanding the provisions above, this Agreement does not preclude You or RealPage from seeking remedies in any applicable small claims court, provided the remedies sought are within the scope of the applicable small claims court’s jurisdiction.

10. Arbitration Rules: You and RealPage agree that the arbitration will be administered pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as well as the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, in effect at the time of the arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all proper claims of privilege recognized by law. The arbitrator will not have the power to award damages or relief not authorized by law. Notwithstanding the foregoing, offers of judgment (arbitration award) in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure shall be allowed in the arbitration. Terms in Rule 68 are substituted as follows to conform to arbitration: (1) “arbitration award” replaces “judgment”; (2) “arbitration hearing” replaces “trial”; (3) “arbitrator” replaces “clerk”; and (4) “Costs” include arbitration and court reporter fees, witness fees, and copying and printing costs. If the arbitration award that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the offeror’s costs incurred after the offer was made. The arbitrator may also consider an unaccepted offer that is more favorable than the arbitration award when determining the amount of attorneys’ fees awarded to the offeree, if any.