Skip to content

End User General Terms

Last Updated: October 28, 2024

These End User General Terms (the “General Terms”) provide the basic terms and conditions that govern your access to and use of certain products and services (each a “Service”) made available to you by RealPage, Inc. or one of our subsidiaries (each, as applicable, a “RealPage Party”).  References to “RealPage” (or a corresponding pronoun, such as “we,” “us” or “our”) under these General Terms mean the RealPage Party providing the applicable Service covered by these General Terms.

Please carefully read these General Terms before accessing or using any of the Services.  These General Terms contain links to additional governing terms and conditions that are incorporated by reference and will apply depending on which Service you access or use.  By accessing or using any Service, or otherwise demonstrating your acceptance of these General Terms, you accept and are bound by these General Terms.  If you do not agree to be bound by these General Terms, then you may not access or use any Service.

PLEASE BE ADVISED THAT THESE GENERAL TERMS CONTAIN PROVISIONS, INCLUDING A DISPUTE RESOLUTION AGREEMENT (SEE SCHEDULE A AT THE END OF THESE GENERAL TERMS, TITLED “DISPUTE RESOLUTION TERMS (ARBITRATION AGREEMENT; CLASS AND COLLECTIVE ACTION WAIVER; AND JURY TRIAL WAIVER)”), 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 DISPUTE RESOLUTION AGREEMENT, 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. AGREEMENT STRUCTURE

These General Terms provide the general terms and conditions that apply to any and all Services you access or use.  In addition, certain Services are subject to additional Service-specific terms and conditions that will apply only to the applicable Service (“Service-Specific Terms”).  Under Section 3 of these General Terms, you will find a list of some of these Services, along with links to their respective Service-Specific Terms.  The Service-Specific Terms are in addition to these General Terms and, collectively, govern your access to and use of the applicable Service.  If there is a conflict between these General Terms and any Service-Specific Terms, the Service-Specific Terms will govern with respect to the applicable Service.

2. UPDATES

We may update these General Terms and any Service-Specific Terms at any time and we recommend that you review these General Terms and the applicable Service-Specific Terms periodically for any changes. If we update the General Terms or any Service-Specific Terms, we will post the applicable revised Terms and update the “Last Updated” date within such Terms. If we determine, in our sole discretion, that an update to the General Terms or any Service-Specific Terms is material, we may notify you by sending an email to the address associated with your use of the Services (if you have provided an email address) or by otherwise providing you with notice through the Services.    Regardless of notification, your continued access to or use of a Service on or after the Last Updated date of these General Terms or any Service-Specific Terms (as applicable) will constitute your acceptance of the updated legally binding terms.

3. SERVICE-SPECIFIC TERMS

The following Services are subject to additional Service-Specific Terms.  Please note that, although RealPage will endeavor to update this Section as new Services become available, this may not be a comprehensive list of all Services subject to Service-Specific Terms.  To see the comprehensive list of such Services and Service-Specific Terms, please go to: https://www.realpage.com/residentlegal/.

  1. ActiveBuilding/Loft: https://www.realpage.com/residentlegal/loftterms/.
  2. Online Leasing: https://www.realpage.com/residentlegal/leasingterms/.
  3. Moving: https://www.realpage.com/residentlegal/movingterms/.
  4. Rewards: https://www.realpage.com/residentlegal/rewardsterms/.
  5. Home Sharing: https://www.realpage.com/residentlegal/homesharingterms/.
  6. Smart Building: https://www.realpage.com/residentlegal/smartbuildingterms/

4. ACCESS TO THE SERVICES

The Services are offered to you as a convenience.  RealPage reserves the right in our sole discretion to, with or without notice to you, cease to provide, modify, restrict access to, or otherwise amend any Service, including any portion thereof.  We are not liable to you for any of the foregoing—including if any or all of the Services are unavailable to you for any reason.

To access a Service, you may be asked to provide certain registration details or other information.  Depending on the nature of the Service provided, the collection, use and sharing of information you provide will be subject to either our privacy policy or the privacy policy of the owner/operator of your residential property who has retained RealPage to provide the applicable Service on its behalf.  The “Privacy Policy “ section of the Service-Specific Terms for the applicable Service will inform you which privacy policy applies.  You represent and warrant that any information you provide through any Service is accurate, current and complete. You agree that all information you provide to RealPage to register for any Service, or otherwise, including but not limited to through the use of any interactive features on any Service, constitutes User Content (as defined in Section 8 of these General Terms).

5. ACCOUNT SECURITY

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You acknowledge that your account is personal to you and that you are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third-party.  You are responsible and liable for activities conducted through your account and must immediately notify RealPage if you suspect that your credentials have been lost, stolen or misused, or that your account is otherwise compromised.  We reserve the right to disable your credentials at any time in our sole discretion, for any or no reason, including if you violate any provision of these General Terms or any Service-Specific Terms.

6. LIMITED LICENSE

Subject to your ongoing compliance with these General Terms, any applicable Service-Specific Terms, and all applicable laws, rules and regulations, RealPage grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license to access and use the Services made available to you for your personal, non-commercial purposes.  RealPage reserves all rights in and to the Services not expressly granted to you under these General Terms and applicable Service-Specific Terms.  For clarity, you may not (without limitation):

  1. Damage, disable, overburden, or impair the Services (or any server or networks connected to the Services);
  2. Transfer, sublicense, lease, lend, rent, sell, or otherwise distribute the Services, or any features or functionality of the Services, including access to your account associated with Services, to any third-party;
  3. Archive, copy, modify, disassemble, decompile, manipulate or reverse engineer any portion of the Services;
  4. Use the Services in a way that violates any law, statute, ordinance or regulation;
  5. Use the Services in association with any defamatory, illegal, libelous, infringing, obscene, pornographic, sexual, violent, exploitative, harassing, invasive of privacy or publicity rights, threatening, deceptive, fraudulent, indecent or otherwise objectionable materials;
  6. Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful to the Services or RealPage;
  7. Use any robot, spider or other automatic device, process or means to access any Service for any purpose, including monitoring or copying any of the material relating to a Service;
  8. Use any device, software, or routine that interferes with the proper working of any Service or otherwise attempt to interfere with the proper working of any Service;
  9. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of any Service, a server on which any Service is stored, or any server, computer or database connected to any Service;
  10. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Service;
  11. Remove or alter any trademark, logo, copyright, watermark, metadata or other proprietary notices in or on any Service;
  12. Represent that you own any portion of any Service;
  13. Access, search, collect, use, reproduce, or distribute any material or data from any Service by any means (automated or otherwise), except as permitted by these General Terms or the applicable Service-Specific Terms, for the purposes of training artificial intelligence or other technologies; or
  14. Make use of any Service other than as intended and expressly permitted under these General Terms, any applicable Service-Specific Terms, or in a manner that is competitive with or harmful to RealPage or our affiliates.

7. INTELLECTUAL PROPERTY

The Services (including without limitation the software, content, visual interfaces, interactive features, information, graphics, design, compilation and computer code) were created, compiled, prepared, selected, developed and arranged by RealPage through the expenditure of substantial time, effort and resources.  The Services are the property of RealPage, our affiliates and our and their licensors, and are protected by (as applicable) copyright, trademark, patent, trade secret, trade dress, moral rights and other intellectual property laws and treaties.  You have no ownership interest (in whole or in part) in any of the Services and no proprietary interest or right of title is transferred to you under these General Terms, any applicable Service-Specific Terms, or by your access to or use of any Service whether by implication, estoppel, or otherwise.

RealPage, our logo, and any other product or service name or slogan contained in the Services constitute trademarks of RealPage and our suppliers or licensors and may not be used without our prior written permission or the written permission of the applicable trademark owner.  All other trademarks, product names and company names or logos used in conjunction with the Services are the property of their respective owners.  Our reference to their products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by us unless we specifically state otherwise.

8. USER CONTENT

If you upload or post any content to any Service (such as images, video, audio or text) (collectively, “User Content”), you represent and warrant that (i) you own all right, title and interest in and to the User Content, or possess sufficient rights to grant the licenses set forth herein; (ii) RealPage will not need to obtain licenses or other legal permission from, or pay any royalties or other compensation to, any third-party with respect to the User Content; (iii) the User Content does not infringe any third-party’s rights, including intellectual property and privacy rights; (iv) the User Content is accurate and not misleading; (v) the User Content does not contain material that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vi) the User Content does not contain content that is, or may be reasonably considered to be, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other legally protected class; (vii) the User Content complies with these General Terms, any applicable Service-Specific Terms, and all applicable laws; (viii) you will not impersonate any person or misrepresent your identity or affiliation with any person or organization; (ix) you will not represent or suggest that the User Content comes from or is endorsed by RealPage or any third-party, if this is not the case; and (x) the User Content does not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. RealPage reserves the right, in our sole discretion, to remove (or demand that you remove) any User Content at any time and for any reason, including for violating any of the foregoing.

By uploading or posting User Content to any Service, you understand and acknowledge that any such User Content is being collected and processed by RealPage on behalf of the property management company operating your rental property and, as such, that your User Content is subject to your property management company’s privacy policy.  You authorize the RealPage Parties to use, reproduce, modify, adapt, store, tag, publish, translate, create derivative works from, distribute, perform and display such User Content for (i) the support, provision, operation, maintenance and enhancement of the Services; and (ii) any other purposes expressly authorized by you.

You acknowledge and agree that RealPage is not a data repository for any of your User Content, and that you are solely responsible for backing up your User Content and keeping and maintaining such information or documentation in your personal records.

9. ONLINE PAYMENTS

The Services may provide access to an online payment platform for the payment of rents, property fees, and other expenses via automated clearing house (ACH), debit card, credit card, or other methods. The Services may also offer you the option of storing your payment method for future use, including the establishment of your resident portal payment account upon completion of the leasing process. Your use of any such payment platform will be subject to and governed by additional, separate payment processing terms and conditions that you must accept prior to registering for and using any such payment processing services.  You understand and agree that it is your responsibility to authorize payments in such a manner that the rent, property fees, and other expenses will be paid on time and that the property owner or manager will receive your payment no later than the designated due date as set forth in the payment platform. In no event shall RealPage be liable for any claims, damages, or fees incurred as a result of your failure to schedule payment instructions in accordance with your lease and corresponding due dates or grace periods.

10. THIRD-PARTY SERVICES

The Services may display, include, or make available certain third-party functions, features, offers, advertisements, content or services, or provide links to third-party websites or services that are not provided or managed by RealPage (collectively, the “Third-Party Services”). By accessing the Services, you consent to receiving non-targeted offers and advertisements within the Services relating to Third-Party-Services. You acknowledge and agree that your access to and use of any Third-Party Services is solely governed by any applicable terms and conditions between you and the applicable third-party provider. RealPage is not a party to any agreement between you and any third-party provider, and is not responsible, and may not be held liable, for any such Third-Party Services (including any issues relating to accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof). Access to any Third-Party Services is provided solely as a convenience to you, and your access to and use of any Third-Party Services is entirely at your own risk. Although RealPage attempts to provide accurate descriptions and pricing relating to such Third-Party Services, RealPage does not warrant that the descriptions and pricing are accurate, complete, reliable, current or error-free, and you should confirm any such information with the applicable Third-Party Services provider. Notwithstanding the foregoing, you understand that RealPage may receive compensation from the third-party providers if you choose to access their corresponding Third-Party Services through our Services.

11. TERM AND TERMINATION

These General Terms, and any applicable Service-Specific Terms, are effective with respect to a Service as of the earliest date that you do any of the following: (i) create an account in connection with such Service; (ii) accept these General Terms online; or (iii) access such Service.  RealPage may terminate these General Terms, terminate support for any Service, or suspend or terminate your access to any Service at any time for any reason, and without notice—including if you breach these General Terms or any applicable Service-Specific Terms, or if RealPage believes that termination is necessary to protect RealPage.  You may terminate your access to and use of a Service at any time by, as applicable, uninstalling the Service, terminating your account, and discontinuing your access to and use of the Service.  Upon termination, your rights hereunder (including the license to access and use the applicable Service) will terminate immediately and you must promptly cease any access to or use of the applicable Service.

12. WARRANTY DISCLAIMER

The information presented on or through the Services is made available to you solely for general information purposes.  RealPage does not warrant the accuracy, completeness or usefulness of this information and you rely on any such information solely at your own risk.  The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RealPage, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RealPage, and we are not responsible or liable for the content or accuracy of any materials provided by any third parties.

EXCEPT AS EXPRESSLY STATED IN THESE GENERAL TERMS AND ANY APPLICABLE SERVICE-SPECIFIC 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 DISCLAIMS 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.  REALPAGE EXPRESSLY DISCLAIMS ANY 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 GENERAL TERMS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY. 

UNDER NO CIRCUMSTANCES WILL REALPAGE, OUR 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 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, OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF ANY 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) $100.

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 General 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.  ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR THE SERVICES MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CLAIM ACCRUES, OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

14. INDEMNIFICATION

You agree to indemnify and hold harmless RealPage, our affiliates, and any of our or their respective directors, officers, employees, and agents from and against any and all claims and liabilities (including reasonable attorneys’ fees) that may arise from (i) your access to or use of any Service or your use of information obtained through any Service; (ii) your User Content; (iii) your access to or use of any Third‐Party Services; (iv) your failure to comply with these General Terms or any applicable Service-Specific Terms; or (v) your failure to comply with local, state, federal or international laws applicable to your use of any Service.  RealPage reserves the right to assume the exclusive defense and control of any such matter, and you agree to cooperate with any reasonable requests for assistance with such defense.

15. JURISDICTION AND LAW 

You agree that any claim, action, or proceeding arising under these General 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. Any action based on or alleging a breach of these General Terms that is not subject to Schedule A (Dispute Resolution Agreement), or for entry of any judgment relating to an arbitration award issued pursuant to Schedule A (Dispute Resolution Agreement) must be brought in a state or federal court located in Dallas County, Texas.  You agree to submit to the personal jurisdiction of such courts.

16. NOTICES 

Any notice to RealPage under these General 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, Attention: Legal Department. RealPage may give notice to you by means of a general notice within the Services or to your email address on record with RealPage. Such notice will be deemed given on the same day if posted within the applicable Service or delivered in person, on the next business day if delivered by express courier or certified mail, or 12 hours after sending (if sent by email).

17. SEVERABILITY 

If any provision of these General Terms or any applicable Service-Specific 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 General Terms and Service-Specific Terms will continue in full force and effect.

18. WAIVER

The only way a party may waive any of its rights under these General Terms or any applicable Service-Specific 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 General Terms or any Service-Specific Terms.

19. SURVIVAL 

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

20. ASSIGNMENT 

You may not assign or delegate to any third party any of your respective rights or obligations under these General Terms or any applicable Service-Specific Terms.

21. 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. 

22. ENTIRE AGREEMENT

These General Terms and any applicable Service-Specific Terms incorporate the entire understanding of the parties concerning the Services.  No party is relying on any warranties, representations, promises or inducements not expressly stated in these General Terms and any applicable Service-Specific Terms.  Notwithstanding the foregoing, you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of a Service, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for complying with such terms and payment of any and all such fees.  IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND ANY APPLICABLE SERVICE-SPECIFIC TERMS, THEN YOU MUST IMMEDIATELY CEASE ACCESSING OR USING THE APPLICABLE SERVICES.

23. INTERPRETATION

The headings used in these General Terms and any applicable Service-Specific Terms are for convenience only and will not be considered in their interpretation.  For purposes hereof, “including” means “including without limitation.”  The word "or" will not be exclusive.  The word "extent" in the phrase "to the extent" will mean to the degree to which a subject or other thing extends, and such phase will not mean simply "if."  References to "written" or "in writing" include electronic form. The words "hereof," "herein" and "hereunder" and words of similar import when used in these General Terms and any applicable Service-Specific Terms refer to the overall applicable terms and conditions as a whole and not to any particular provision.  The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms.  Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

24. SMS TEXT ALERTS AND OTHER SERVICES-RELATED NOTIFICATIONS

You understand and agree that by providing us with your mobile phone number you consent to being contacted at that number by a person, and via prerecorded voice messages and automatic telephone dial devices relating to the Services.  You also consent to receiving Services-related emails to any email address that you provide.  We may offer you the ability to enroll your mobile phone number in our Short Messaging Service text message service (the "SMS Service") for purposes of receiving messages from RealPage regarding information, resources, and marketing materials related to the Services in the form of: operational alerts and reminders from your property management company, marketing communications and information for Services available for your property, and digital tools and other communication materials.

  1. Enrollment and Consent.  If SMS Service is made available to you through the Services, by providing your mobile phone number(s) and opting in to the SMS Service:
    1. You authorize RealPage and your property’s management staff to send text messages to the mobile phone number(s) included in your Services profile.
    2. You acknowledge and agree that your completion of the online registration process constitutes your written, express consent to enroll your mobile phone number(s) in the SMS Service.
    3. You confirm that you are the owner or subscriber of the mobile phone number(s) and authorized to enroll them in the SMS Service. You acknowledge the number of non-solicited text messages received from the SMS Service may vary. If you have opted in to receive marketing communications and information for Services available for your property, then you expressly consent to receive non-solicited text messages related to these topics.

      Prior to completing your enrollment in the SMS Service, we will send a confirmation text message to your designated mobile phone number(s). To complete enrollment, you must confirm receipt of the text message from your mobile device by following the instructions in that text message.
  2. Opting Out.  You may cancel your enrollment in the SMS Service at any time by:
    1. Removing your mobile phone number(s) from the SMS Service registration; or
    2. Texting "STOP" in reply to any text message received from the SMS Service.
  3. SMS Service Availability and Other Information.  The SMS Service relies upon third party wireless service provider networks to deliver text messages. RealPage is not liable for the availability (or lack thereof) of wireless network coverage or the failure of the wireless networks to deliver a text message. RealPage disclaims any responsibility for any wireless service used to access the SMS alerts. RealPage SMS alerts are available to users based in the United States. You understand and acknowledge that SMS alerts are not intended to be accessed from outside of the United States. Wireless carriers are not liable for delayed or undelivered messages. Message and data rates may apply.

25. NOTICE REGARDING APPLE®

If you are using a Service that is a mobile application on an iOS product, you acknowledge and agree to the following with respect to such Service:

These General Terms and any applicable Service-Specific Terms are between you and RealPage only, not with Apple, and Apple is not responsible for any Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any Service. In the event of any failure of a Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the mobile application purchase price (if any) for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this these General Terms and any applicable Service-Specific Terms, and upon your acceptance of these General Terms and any applicable Service-Specific Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this these General Terms and any applicable Service-Specific Terms against you as a third party beneficiary of these General Terms and any applicable Service-Specific Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If RealPage provides a translation of the English language version of these General Terms and any applicable Service-Specific Terms, the translation is provided solely for convenience, and the English version shall prevail.

26. DMCA

It is RealPage’s policy to promptly investigate infringement claims and take appropriate actions in accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. If you believe that your copyright-protected work has been copied and displayed in the Services without your permission, please let us know by following the process set forth at https://www.realpage.com/legal/dmca-notice/.

27. OPEN-SOURCE SOFTWARE

Any open-source software that accompanies any Service is provided to you under the terms of the applicable open-source license agreement accompanying such open-source software or in the open source licenses file accompanying the software. These General Terms do not govern, and RealPage disclaims any liability associated with, any such open-source software.

28. PHONE SETTINGS AND UNINSTALL PROCEDURES

To install a Service, you may be required to change some of your mobile device settings. By installing a Service, you consent to such changes which may include (i) permitting software updates to the Service when a new version is released; and (ii) receiving notifications from the Service.

To uninstall a Service, you may use the standard uninstall procedures offered by your device’s operating system.  RealPage may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that RealPage has no obligation to provide any Updates or to continue to provide or enable any features or functionality.  Based on your mobile device settings, when your mobile device is connected to the internet either a Service may automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates. You will promptly download and install all Updates and acknowledge and agree that the applicable Service or portions thereof may not properly operate should you fail to do so.

29. GEOGRAPHIC RESTRICTIONS

The Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States or Canada. You acknowledge that you may not be able to access all or some of the Services outside of the United States or Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you are responsible for compliance with local laws.

30. FEEDBACK

If you provide any suggestion, comment, idea, improvement or other feedback relating to the Services to RealPage, then you hereby grant RealPage a perpetual, irrevocable, worldwide, royalty‐free, fully‐paid‐up, non‐exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made such input for any lawful purpose, without credit or compensation to you.

31. COOKIES

The RealPage Cookie Policy explains how we use cookies and similar tracking technology when you access our websites and applications through any of the Services. We use cookies and similar technologies such as pixels, local storage, and web beacons (collectively referred to in our policy as “cookies”) to collect and use data as part of our Services, as defined in our Privacy Policy, and which includes our websites, applications, services, communications, and website integrations or widgets. By continuing to access or use our Services, you are agreeing to the use of cookies and similar technologies for the purposes described in this policy.

SCHEDULE A

DISPUTE RESOLUTION TERMS
(ARBITRATION AGREEMENT; CLASS AND COLLECTIVE ACTION WAIVER; AND JURY TRIAL WAIVER)

PLEASE READ THESE TERMS CAREFULLY, THEY AFFECT YOUR LEGAL RIGHTS. These TERMS provide for resolution of most disputes and claims through individual arbitration (or group arbitration of “Common Issues” in “Mass Claims,” as these terms are defined below). Clicking “I accept” or accessing or using the online applications/leasing system/network/services provided by RealPage (as defined below) constitutes acceptance of these Dispute Resolution Terms (“Terms”) and is a binding agreement between the user (“User” or “You”) and RealPage.

THESE TERMS CONSTITUTE AN ARBITRATION AGREEMENT, CLASS AND COLLECTIVE ACTION WAIVER, AND JURY TRIAL WAIVER. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU HAVE AN OPPORTUNITY TO OPT OUT OF THESE TERMS AS SET FORTH BELOW.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on any other RealPage affiliated website, these Terms will govern as between You and RealPage relating to the subject matter of these Terms.

1.   RealPage defined: “RealPage” refers to RealPage, Inc., RP On-Site LLC, Buildium, LLC, Stratis IoT, Inc., RealPage Payments Services LLC, DepositIQ and RentersIQ Insurance Agency, LLC, NovelPay, LLC, 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 past, present, and future parents, subsidiaries, affiliate corporations or other business entities, members, officers, directors, stockholders, employees, agents, servants, representatives, contractors, insurers, vendors, suppliers, attorneys, and assigns, whether named herein or not.

2.   Claims covered by these Terms: At either party’s election, any disputes, claims, 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 relationship with RealPage or to RealPage’s property owner, operator or manager customers (“Claims”) will be resolved through binding arbitration in accordance with these Terms. “Claims” should be interpreted broadly and include, but are not limited to, issues involving: lease applications, verification services, and/or tenant screening reports prepared, reviewed, or used in connection with Your rental housing or application(s) for housing; property management software, products, or services RealPage provides directly to You or to any properties that have a relationship with You; and any other services RealPage provides directly to You or to any properties that have a relationship with You. “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, fraud/misrepresentation claims, data usage and privacy claims, information security claims, defamation claims, Fair Credit Reporting Act claims, Fair Housing Act claims, debt collection or licensing claims, and state and federal statutory claims under any provision of law regulating property management software, background checks, credit checks, consumer reports, investigative consumer reports, identify/income verifications, or analogous reports or checks; and
  • Disputes relating to the formation, interpretation, applicability, validity, scope or enforceability of these Terms, including issues that relate to the arbitrability of any Claims.

3.   Mandatory Pre-Dispute Resolution Process. You and RealPage agree to work together in an effort to informally resolve any Claims between us. The party initiating or raising the Claim (the “Claimant”) must send the other party (the “Responder”) a written notice of the Claims (a “Claim Notice”) that includes all of the following information: (1) information sufficient to identify any transaction and account at issue; (2) contact information of the Claimant (including name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Claims and the relief sought, including a calculation for the relief sought. The Claim Notice must be personally signed by the Claimant and Claimant’s counsel, if represented (“Claimant Counsel”). If You are the Claimant, You must send the Claim Notice by email to Legal@RealPage.com or by mail or hand delivery to RealPage, Inc., 2201 Lakeside Boulevard, Richardson, Texas 75082, Attention: Chief Legal Officer. If RealPage is the Claimant, RealPage must send the Claim Notice to the most recent contact information it has for You. For a period of 60 days after receipt of a completed Claim Notice (which can be extended by agreement of the parties) (the “Informal Resolution Period”), You and RealPage agree to negotiate in good faith in an effort to informally resolve the Claims on an individual basis. The Responder may request an online or telephone settlement conference to aid in the resolution of the Claims. If such a conference is requested, You and a RealPage representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the Informal Resolution Period. Completion of this Mandatory Pre-Dispute Resolution Process (“Process”) is a condition precedent to initiating a Claim in arbitration (or any other forum, if wrongly filed outside of arbitration). If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and no arbitration shall be initiated or pursued, and no arbitration fee shall be due, until the court rules and all available appeals are resolved. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Claim Notice through the conclusion of the Process and until the Claimant is permitted to initiate and pursue an arbitration. You or RealPage may commence arbitration only if the Claims are not resolved through the Process.

By signing the Claim Notice, You or RealPage certify that any facts set forth in the Claim Notice are true and not misleading. By signing a Claim Notice, Claimant Counsel certifies that Claimant Counsel has made a reasonable review of the facts set forth in the Claim Notice and believes them to be true and not misleading. In addition, Claimant Counsel must certify whether or not Claimant Counsel knows or has good reason to believe that your Claims will be “Mass Claims” (as defined below). If so, or if it is later determined that the Claims are Mass Claims, the Mass Claims will be subject to the further pre-filing requirements applicable to Mass Claims set forth in Section 11.

4.   AGREEMENT TO ARBITRATE CLAIMS: YOU AND REALPAGE AGREE THAT, AT THE OPTION OF EITHER PARTY, 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.

5.   CLASS/COLLECTIVE ACTION WAIVER: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE BELOW REGARDING “MASS CLAIMS,” TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND REALPAGE EXPRESSLY AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. THIS INCLUDES ANY RIGHT OR ABILITY TO BRING, TO PARTICIPATE IN, OR TO SEEK RELIEF THROUGH ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. 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 as to Claims asserted on a class basis, You and RealPage agree that these Terms will not apply, and any such Claims shall be resolved in court. That is, despite any language in these Terms to the contrary, You and RealPage agree that this class action waiver cannot be severed from these Terms. Both parties’ express intention is not to proceed with any Claims by way of class arbitration. Notwithstanding the foregoing, You and RealPage retain the right to participate in a class-wide settlement.

6.   JURY AND COURT WAIVER: TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, you AND REALPAGE are waiving the right to have a jury trial for ANY AND all Claims.

7.   Applicable Law: You and RealPage agree that, notwithstanding any other choice of law provision, these Terms evidence a transaction in interstate commerce and that these Terms will be interpreted, governed, and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), and federal arbitration law, and not state arbitration law.

8.   OPT-OUT RIGHT: IF YOU DO NOT WANT TO BE BOUND BY THE AGREEMENT TO ARBITRATE CLAIMS CONTAINED IN THESE TERMS, 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 THIRTY (30) DAYS AFTER THE DATE YOU ARE PRESENTED WITH THESE TERMS FOR THE FIRST TIME.TO BE EFFECTIVE, YOUR OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE NAME OF THE PROPERTY THAT PRESENTED YOU WITH THESE TERMS, IF APPLICABLE; (C) THE DATE YOU APPLIED FOR HOUSING WITH THE PROPERTY, IF APPLICABLE; (D) THE NAME OF THE REALPAGE PRODUCT OR SERVICE THAT YOU USED, IF APPLICABLE; AND (E) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE CONTAINED IN THESE TERMS. IF YOU OPT OUT OF THE AGREEMENT TO ARBITRATE, ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU.

9.   Arbitration Procedures. Any arbitration under these Terms shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms, NAM shall administer the arbitration in accordance with its rules applicable to the nature of the Claims, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com. If NAM is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternative arbitration provider or arbitrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator or arbitrator that will do so. A Claimant seeking to initiate arbitration must provide the Responder with the demand for arbitration as specified in the NAM Rules and these Terms. You may obtain a form to initiate arbitration at www.namadr.com or by contacting NAM. If You are initiating arbitration, You shall serve the demand on RealPage by email to Legal@RealPage.com or by certified mail or hand delivery to RealPage, Inc., 2201 Lakeside Boulevard, Richardson, Texas 75082, Attention: Chief Legal Officer. If RealPage is initiating arbitration, RealPage shall serve the arbitration demand at the email address or mailing address RealPage has on file for You. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the initiating party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. The arbitrator must apply substantive law and comply with the FAA. The arbitrator must honor statutes of limitation and privilege rights. As to punitive damages, the arbitrator must honor constitutional standards that apply in court. To the fullest extent permitted by applicable law, You and RealPage agree that each may bring Claims against the other only in Your or RealPage’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both You and RealPage agree otherwise and except as expressly provided below regarding Mass Claims, an arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are finally found to be unenforceable with respect to a particular Claim for public injunctive relief, then such Claim will be decided by a court of competent jurisdiction, after all other Claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive or precedential effect in any other arbitration or proceeding in which You are not a named party.

Except where the arbitrator determines that the circumstances require otherwise, the arbitrator must: (a) conduct document-only arbitrations, without oral argument or an in-person hearing; (b) allow the parties to introduce any needed testimony through excerpts from recorded depositions of party witnesses or declarations; (c) for Mass Claims, allow each side to introduce prior recorded live testimony from other arbitrations involving the Claimants in such Mass Claims (the “Mass Claimants”); (d) limit Mass Claimants from obtaining new and duplicative discovery from RealPage by, among other things, allowing discovery obtained from RealPage in any arbitration of a Mass Claim to be used by all of the Mass Claimants in any other arbitration or lawsuit between a Mass Claimant and RealPage; (e) conduct any necessary hearing virtually or by conference call; (f) hold any in-person hearing at a place reasonably convenient to You and RealPage; (g) follow expedited procedures; and (h) honor the Mass Claim provisions of these Terms, as set forth in Section 11 below.Where possible, an arbitrator appointed by NAM or a court (a “Process Arbitrator”) shall decide procedural issues relevant to Mass Claims.

Notwithstanding any language in these Terms to the contrary, at any time after the Claimant gives a Claim Notice (including before any arbitration begins) or serves an arbitration demand, either party may make a written offer to settle the Claim. If the settlement offer is rejected, but the arbitrator’s award is no better to the rejecting party, then that party must bear its own post-offer legal and arbitration fees and costs. Also, the rejecting party must pay the other party all reasonable arbitration fees and costs that the other party incurs after the settlement offer. But, You will not be liable for any of RealPage’s arbitration fees and costs that exceed the amount You would otherwise receive in the arbitration.

10. Arbitration Costs. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and RealPage agree that the parties have a shared interest in reducing the costs and increasing the efficiency associated with arbitration. Therefore, You and RealPage agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains economical and cost-effective for both You and RealPage.

11. Special Provisions for Mass Claims. “Mass Claims” are Claims where the Mass Claimants are represented by the same counsel and/or counsel working together (“Mass Claims Counsel”); and the Mass Claimants or Mass Claims Counsel give Claim Notices for at least 25 Mass Claimants within 180 days of the first such Claim Notice. A Claimant who hires Mass Claims Counsel and gives a Claim Notice after this 180-day period is still a “Mass Claimant” asserting “Mass Claims.” Such Mass Claimant is subject to this Section 11 to the same extent as Mass Claimants who give their Claim Notices within the initial 180-day period. Disputes over whether Claims Notices trigger this Section 11 will be decided by NAM, a Process Arbitrator or a court—not by individual arbitrators in separate arbitrations.

In some cases, Mass Claims may make individual arbitrations impractical or too costly. Section 11 addresses this problem. It seeks to resolve Mass Claims as fairly and quickly as possible, at low cost. Section 11 applies to all Mass Claims despite any language in these Terms to the contrary.

  1. If You or Claimant Counsel know or have good reason to believe that there are or will be Mass Claims, You may not file any Mass Claim in a lawsuit or arbitration except per this Section 11. If you do, you will be liable for the administrator’s filing fees, RealPage’s costs of enforcing this Section 11, and other damages caused by your breach.
  2. At any time, either RealPage or the Mass Claimants (the two “Sides”) may require that the administrator appoint a Process Arbitrator to decide any scheduling, discovery or other process issues the two Sides cannot resolve through discussion. Decisions of the Process Arbitrator are not subject to appeal.
  3. You may not file any Mass Claim in court or an arbitration until 240 days after the first delivery of a Claim Notice by a Mass Claimant or, if earlier, until Mass Claims Counsel certifies in writing that the Informal Resolution Period has ended for all or substantially all the Mass Claims.
  4. Once this no-filing period ends, each Side will select up to 10 Mass Claims for individual arbitrations under these Terms (“Initial Arbitrations”). This will help the two Sides test the strength of the Mass Claims.
  5. Soon after all Initial Arbitrations have ended (or sooner if both Sides agree), both Sides will engage in a single mediation of all remaining Mass Claims. For any mediation, RealPage will pay the mediator fees, provided RealPage agrees that the projected fees are reasonable. If the two Sides cannot agree on a mediator within 30 days, the administrator, a Process Arbitrator or a court will appoint the mediator. Both Sides must cooperate to schedule a mediation soon after the mediator is appointed.
  6. If the two Sides do not settle all Mass Claims within 30 days after the end of the mediation, either Side (the “Elector”) may give a written notice to the other Side (the “Receiver”) within 60 days after the end of the mediation (a “Group Election”). The Group Election must state that, in the Elector’s view, the Claims of the remaining Mass Claimants (the “Remaining Claimants”) include common issues of law or fact (“Common Issues”) best resolved through arbitrations between groups of Mass Claimants (“Qualifying Groups”) and RealPage (“Group Arbitrations”).
    1. If either Side makes a Group Election, the Elector and Receiver must try in good faith to agree: (A) whether Group Arbitrations are warranted; (B) if so, how many Remaining Claimants, not more than 25, should be in each Qualifying Group; and (C) how Mass Claimants should be assigned to Qualifying Groups.  If the two Sides cannot agree on the above matters in this Section 11f.i within 30 days, a Process Arbitrator will decide.
    2. Before the Remaining Claimants start a Group Arbitration, the two Sides will ask NAM how much it will charge for Group Arbitrations. Neither Side shall start a Group Arbitration before 30 days have run from NAM giving final price data for Group Arbitrations. During this period, either Side may give written notice to the other Side (a “NAM Rejection Notice”) that it elects for arbitrators to conduct all Group Arbitrations without help from NAM. In such event, the two Sides will try to agree on arbitrators to conduct such Group Arbitrations. If they cannot agree, arbitrators will be selected and appointed by the American Arbitration Association (“AAA”) pursuant to its List and Appointment process. AAA fees will be borne by the two Sides 50/50 unless AAA determines that fairness considerations mandate that RealPage bear a higher percentage of such fees. Once an arbitrator has been selected and retained for a Group Arbitration, such arbitrator will start and conduct such Group Arbitration per this Clause and such further procedures as such arbitrator shall adopt, with the presumption in favor of applying procedures based on the NAM Rules, even though NAM will not be managing the Group Arbitration.
    3. No arbitrator in a Group Arbitration may decide any class Claim or any Claim for a public injunction.
    4. The arbitrator in each Group Arbitration will decide who will bear the arbitrator’s fees and charges, without regard to NAM rules that would otherwise apply. But, except where the Terms expressly provide to the contrary, RealPage will bear at least 50% of such fees and charges.
    5. If neither Side makes a timely Group Election, or if any of Your Claims cannot be resolved in a Group Arbitration for some other reason, each Side will be deemed to have certified and agreed that individual issues predominate over Common Issues of the Mass Claimants for all Your unresolved Claims and that Your unresolved Claims are best resolved through individual (not class action) lawsuits. In such event, You may bring an individual lawsuit against RealPage to resolve any unresolved Claims, but You may not bring an arbitration against RealPage. RealPage may still elect to require an individual arbitration of any Claims if You try to assert in court any Claims on a class or representative basis in contravention of the class action waiver.
  7. Absent Your and RealPage’s written consent, no person may serve as arbitrator for more than one Initial Arbitration, Group Arbitration and/or Further Arbitration involving the Mass Claimants.
  8. You agree that Mass Claims Counsel will act for You and all Mass Claimants.
  9. You may not file any lawsuit or arbitration, other than an Initial Arbitration or Group Arbitration, until at least 90 days have run after the end of the mediation. The statute of limitations on any Claim you bring will not run from the time you file a proper Claim Notice until you are first allowed to start a lawsuit or arbitration.

While this Section 11 is designed to resolve Mass Claims fairly, quickly and efficiently, You understand that your Claim may not be selected for an Initial Arbitration or resolved in a Group Arbitration. You further understand that, in some cases, resolution of any Mass Claims you assert may be delayed by this Section 11.

12. Governing Law. Except as to the FAA referenced above, these Terms and all related matters, regardless of Your location, are solely governed by and construed under the laws of the State of Texas, without regard to conflicts of law principles.

13. Small Claims: Notwithstanding the provisions above, these Terms do not preclude You or RealPage from seeking remedies in any applicable small claims court on an individual (non-class) basis. However, if an appeal is allowed under the applicable small claims rules, You or RealPage may demand arbitration of any appeal of a small claims decision. In the event of an appeal, the parties agree the small claims judgment will be void and any proceedings in arbitration will be without regard to the decision in small claims court.

14. Severability, No Waiver, and Survival. Except as otherwise provided herein, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. RealPage’s failure to exercise or enforce any right or provision in these Terms or insist upon compliance with any term or condition of these Terms shall not constitute a waiver of that right or provision or any other rights or provisions included within the Terms or excuse similar subsequent failure to perform any such term or condition by You.

15. Confidentiality. You and RealPage agree to keep confidential all aspects of each arbitration under these Terms, any confidential information produced in the arbitration and any arbitration award or decision. But, either party may disclose such information to the extent needed to pursue the arbitration, to appeal or confirm any award or to get professional services. Any court filing to appeal or confirm an award must be made under seal. At either party’s request, the arbitrator shall enter an order protecting confidential information.

16. Changing Terms. You and RealPage may agree in writing to change any of these Terms at any time, before or after a dispute arises. Also, RealPage may waive any rights or amend these Terms at any time without providing written notice or obtaining your consent, solely to give you more rights and/or less duties.