Verified Income Terms and Conditions

Last Updated: May 8 2023

These Verified Income Terms and Conditions (these “Terms”) govern the provision of income verification services by RealPage, Inc. (“RealPage”, “we” or “us”).

1. Scope of Services.

We provide these income verification services on behalf of property owners and management companies (our “Clients”). You will provide online log-in credentials (“Credentials”) that will be used to connect to your financial institution and gather your bank account and transaction details (e.g., deposit information) (such information is collectively referred to herein as “Data”) so that we can verify your income, as described below. Our service is connected to Envestnet / Yodlee, who we use as our service provider for collection, use, storage, and handling of your Data. When you request Data from a financial institution source connected to our service, Yodlee collects that Data and provides it to us. Yodlee acts on our behalf in this process, which means we share your Data with Yodlee as one of our service providers, as well as with our Clients. For more information on how Yodlee collects, uses, stores, and handles your Data please see Envestnet | Yodlee’s FastLink Terms of Service.

2. Use of Data.

You agree that we may provide your Data to our Clients and that we and our Clients may use the data to verify your income that is deposited in the bank accounts connected through this service, which may be used by our Clients in connection with your lease or guarantor application. In calculating your income, we will use Data from the 90 days preceding the date that the Data is gathered to determine an average monthly income. You acknowledge and agree that we are not responsible for our Clients’ use of your Data or any decisions made by our Clients that are based on your Data.

3. 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 for any pdf’s of official account documents that we retrieve on your behalf and provide to you without alteration, no data provided by our services is an official record of any of your accounts.

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 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.

4. Privacy Policy.

We will handle your Data in accordance with 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.

5. 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.

6. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL REALPAGE, OUR AFFILIATES, OUR SUBCONTRACTORS, OR 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 THE SERVICES 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, OUR SUBCONTRACTORS 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 TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT $10.

7. Governing Law.

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.

8. Dispute Resolution; Waiver of Class Action Claims.

1. “Claim(s)” refer to all claims, disputes, and controversies, whether based on past, present, or future events, between you and RealPage arising out of, or pertaining in any way to, these Terms. The Claims include, but are not limited to those that, in the absence of these Terms, 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 these Terms.
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 THESE TERMS 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 THESE TERMS, INCLUDING CLAIMS THAT THESE TERMS ARE VOID OR VOIDABLE.
3. CLASS ACTION WAIVER: YOU AND REALPAGE EXPRESSLY AGREE THAT ALL ARBITRATIONS PURSUANT TO THESE TERMS 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 these Terms. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, you and RealPage agree that this agreement to arbitrate 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 to arbitrate. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.
4. 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.
5. Procedure for Initiating Arbitration: You and RealPage agree that JAMS shall conduct any arbitration initiated pursuant to this agreement to arbitrate. 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.
6. OPT-OUT: IF YOU DO NOT WANT THIS AGREEMENT TO ARBITRATE 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 ACCEPTANCE OF THESE TERMS. THIS E-MAIL OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE SUBJECT LINE OF THE E-MAIL MUST STATE: “Agreement Arbitration Opt-Out – Income Verification”; (C) THE DATE YOU AGREED TO THESE TERMS; AND (D) A STATEMENT THAT YOU ARE OPTING OUT OF THE AGREEMENT TO ARBITRATE IN THESE TERMS.
7. 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.
8. Applicable Law: You and RealPage agree that, notwithstanding any other choice of law provision, the agreement to arbitrate and these Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
9. Small Claims: Notwithstanding the provisions above, the agreement to arbitrate 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. 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.

10. 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.

11. 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.

12. 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.

13. Assignment.

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

14. 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.

15. 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.