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RealPage Identity Verification Document Validation Terms of Use, Arbitration Agreement and Class Action Waiver

Arbitration Agreement and Class Action Waiver ("Agreement")

In consideration for the mutual promises to arbitrate Claims, for Your access to and use of the identity or document verification services “(Services”) provided by or through RealPage, Inc., its affiliate (including, without limitation, RP On-Site LLC or Propertyware LLC) or its respective vendor, 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: As the term is used in this Agreement, “RealPage” refers to RealPage, Inc. or the RealPage, Inc. affiliated company by or through which the Services are provided, and its 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 claims and controversies, whether based on past, present, or future events, between You and RealPage arising out of, or pertaining in any way to the Services. 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, or privacy claims; 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 YOU VISITED OR TO WHICH YOU APPLIED; (C) THE DATE YOU VISITED OR 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.

Terms of Use

By submitting my information, I understand and agree to the following:

  1. The information that I submit is true and correct.

  2. My information will be used by RealPage, Inc. (“RealPage”), its affiliated companies and/or their respective clients (collectively, the “Users”) to verify my identity.

  3. DISCLAIMER/LIMITATION OF LIABILITY: MY USE OF THE IDENTITY VERIFICATION SERVICES (“IDVS”) TO ENABLE THE USERS TO VERIFY MY IDENTITY IS AT MY SOLE RISK AND THE IDVS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE USERS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, COMPLETENESS, ERROR-FREE NATURE OR AVAILABILITY, AND THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE USERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF OR THE INABILITY TO USE, THE IDVS, REGARDLESS OF WHETHER THE USERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY OF THE USERS UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $10.

  4. Applicable law may not allow the disclaimer or exclusion of implied warranties or of incidental or consequential damages, so the above disclaimers and exclusions may not apply to me.