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Income Verification Terms and Conditions

Last Modified: March 1, 2024

These Income Verification Terms and Conditions (these “Terms”) govern the provision of services by RealPage, Inc. (“RealPage”, “we” or “us”), defined below, for the purpose of providing information and selected functionality to You and to enable certain property managers, property owners, or other third party service providers (the “Providers”) to provide services to you.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS, INCLUDING AN “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” (SEE SECTION 11 BELOW), THAT GOVERN HOW CLAIMS YOU AND REALPAGE HAVE AGAINST EACH OTHER ARE RESOLVED, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE THE PARTIES TO SUBMIT CLAIMS THEY MAY HAVE AGAINST ONE ANOTHER TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THE PARTIES WILL (I) ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (II) BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

1. Modification of These Terms.

RealPage reserves the right to change, modify, add, or remove portions of these Terms (each, an “Update”) at any time and in our sole discretion without prior notice. Any such Update will be effective immediately. If we make any Updates to these Terms, we will post the new terms and conditions here and note the date these Terms were last updated. We encourage you to frequently review these Terms to ensure you are familiar with and understand the latest terms and conditions.

2. Scope of Services.

RealPage is a solutions provider that assists Providers with the intake and processing of lease applications, the verification of Your income, and/or the preparation of tenant screening reports. As the term is used in this Agreement, “RealPage” refers to the RealPage entity providing the services, including but not limited to, RealPage, Inc., RP On-Site LLC, Buildium, LLC, Knock, Inc., or Propertyware LLC, as applicable, and each of their respective parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, successors, and assigns.

In connection with these services, You may provide (1) online log-in credentials (“Credentials”) that will be used to connect to Your financial institution or payroll provider and gather Your bank account and transaction details (e.g., deposit or payroll information) or (2) documents, such as paystubs, which will be used to calculate Your monthly income (such information is collectively referred to herein as “Data”) so that we can verify Your income, as described below. Our service is connected to Plaid Inc. (“Plaid”), who we use for collection, use, storage, and handling of Your Data. When You request Data from a financial institution source connected to our service, Plaid collects that Data and provides it to us. Plaid acts on our behalf in these processes, which means we share Your Data with Plaid as well as with our other Providers. For more information on how Plaid collects, uses, stores, and handles Your Data please see Plaid End User Privacy Policy.

3. Use of Data.

You agree that we may provide Your Data to our Providers and that we and our Providers may use the Data to verify Your income through this service. In calculating Your income, we will use the following processes, depending on which verification method You select:

  • Bank Connect - Upon connecting to Your bank account, You will select deposit transactions that represent Your sources of income over the last three months. You can connect to multiple banks (or other financial institutions) and select deposit transactions from any or all of Your accounts at those institutions. The total amount of Your selected deposit transactions will be divided by three to calculate Your monthly income.
  • Document Upload - You will upload paystubs (in .pdf format) from the last month. The total amount of Your gross pay from the last month will be used to calculate Your monthly income.
  • Payroll Provider - Upon connecting to Your payroll provider, the total amount of Your gross pay from the last month will be used to calculate Your monthly income.
  • You acknowledge and agree that we are not responsible for our Providers’ use of Your Data or any decisions made by our Providers that are based on Your Data.

4. Disclaimers.

You provide Your Credentials at Your own risk.

By using our service, You agree that the data sources that maintain Your accounts, RealPage and any third parties that interact with Your Credentials or Data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law.

Data sources make no warranties of any kind related to the Data provided by our services – whether express, implied, statutory, or otherwise.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALPAGE, ITS AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “REALPAGE PARTIES”) EXPRESSLY DISCLAIM (I) ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), MERCHANTABILITY, ERROR-FREE NATURE, TITLE, QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE; AND (II) ANY OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION, SERVICES OR FEATURES AVAILABLE THROUGH THE SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES. THIS WARRANTY DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

5. Violations; Terminations.

You agree that RealPage may terminate your use of the services at any time without notice, including if you violate these Terms. You agree that RealPage will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the services and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RealPage may have at law or in equity.

6. Indemnification; Hold Harmless.

You agree to indemnify, defend, and hold RealPage (and its affiliated companies, contractors, employees, director, officers, agents, suppliers, licensors and partners) harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the services; (ii) any violation of the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms. RealPage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

7. Privacy Policy.

As a service provider to, or data processor for, our Providers, we will handle Your Data in accordance with the Providers’ instructions to us and RealPage’s Privacy Policy. You consent to the collection, use, sharing and transfer of Your personally identifiable information, including the transfer and processing of Your information outside Your home country, as contemplated herein and outlined in the RealPage Privacy Policy. For information on how each Provider with whom Your Data is shared will handle Your Data, please refer to the relevant Provider’s privacy policy.

8. Disputes.

If you believe that the Data is not accurate, you may visit https://www.realpage.com/support/consumer/, where you will find instructions for requesting an investigation.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL REALPAGE, ITS AFFILIATES, THE OWNER OF THE PROPERTY WHERE YOU USE A PRODUCT, THE OWNER’S PROPERTY MANAGER, THEIR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES OR BUSINESS REPUTATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF ANY PRODUCT OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF REALPAGE IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF REALPAGE, OUR AFFILIATES, THE OWNER OF THE PROPERTY, ITS PROPERTY MANAGER, THEIR AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED YOUR ACCESS TO OR USE OF A PARTICULAR PRODUCT OR ANY RELATED PRODUCTS OR SERVICES, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT THE GREATER OF (A) THE AMOUNT YOU PAID TO HAVE ACCESS TO THE APPLICABLE PRODUCT DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE; OR (B) $1,000.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations in these Terms may not apply to You to the extent they are prohibited or superseded by such state or foreign provisions. The foregoing limitations of liability will apply even if the limited remedies herein fail of their essential purpose.

10. Governing Law.

You agree that any claim, action, or proceeding arising under these Terms will be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein.

11. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“AGREEMENT”).

In consideration for the mutual promises to arbitrate Claims, as defined below, for Your access to and use of the online applications/leasing system, income verifications system, and network provided by RealPage 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:

  1. 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, the verification of Your income, 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

12. Notices.

Any notice to RealPage under these Terms must be in writing and delivered in person, by nationally recognized express courier or by certified mail to: RealPage, Inc., 2201 Lakeside Blvd., Richardson, TX 75082, ATTN: Legal Department. Such notice will be deemed given on the same day if delivered in person, or on the next business day if delivered by any other expressly permitted method.

13. Severability.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.

14. Waiver.

The only way a party may waive any of its rights under these Terms is through a specific written waiver by its authorized representative. No waiver of one provision shall be interpreted as a waiver of any other provision of these Terms.

15. Survival.

The provisions of these Terms relating to (i) any license restrictions; (ii) warranty disclaimer, (iii) limitation of liability, (iii) indemnification, (iv) ownership of intellectual property, (v) entire agreement, (vi) dispute resolution and class action waiver; and (vii) any other provision which by its nature is intended to survive, will survive the termination or expiration of these Terms.

16. Assignment.

You may not assign or delegate to any third party any of Your respective rights or obligations under these Terms.

17. Force Majeure.

Neither party will be responsible for failure or delay of performance if caused by an act of God; act of war, hostility, or sabotage; pandemic or epidemic; electrical, internet or telecommunications outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party.

18. Entire Agreement.

These Terms incorporate the entire understanding of the parties concerning the subject matter contained herein. No party is relying on any warranties, representations, promises or inducements not expressly stated in this Agreement.