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Loft/ActiveBuilding Service-Specific Terms

Last Updated: December 10, 2024

These Service-Specific Terms apply to the Loft/ActiveBuilding Services, as defined below, and are subject to and governed by the terms and conditions of the General Terms which are incorporated herein by reference (collectively, these Service-Specific Terms and the General Terms are the “Loft/ActiveBuilding Terms”).  Capitalized terms used in these Service-Specific Terms have the meanings provided in the General Terms unless otherwise defined herein.

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

PLEASE BE ADVISED THAT THE LOFT/ACTIVEBUILDING TERMS ARE SUBJECT TO THE DISPUTE RESOLUTION AGREEMENT (SEE SCHEDULE A AT THE END OF THE GENERAL TERMS, TITLED “DISPUTE RESOLUTION TERMS (ARBITRATION AGREEMENT; CLASS AND COLLECTIVE ACTION WAIVER; AND JURY TRIAL WAIVER)”), THAT GOVERNS 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. DESCRIPTION

Loft/ActiveBuilding Services include a resident portal, website and mobile application that allows residents to access different Services and manage various apartment community amenities and services, access tools and applications for social engagement among the community residents, engage with certain third-party vendors for products and services, make payments, and participate in the rewards program (collectively, the “Loft/ActiveBuilding Services”).

2. REALPAGE PARTY

The RealPage Party that provides the Loft/ActiveBuilding Services is RealPage, Inc.

3. PRIVACY POLICY

The collection, use and sharing of information you provide when registering for and using the Loft/ActiveBuilding Services is subject to the privacy policy of the owner/operator of your residential property who has retained RealPage to provide the Loft/ActiveBuilding Services to you on its behalf.  Notwithstanding the foregoing, you understand that you will be able to access other Services through the Loft/ActiveBuilding Services, and that, 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.  Please consult the Service-Specific Terms for the applicable Service to understand what privacy policy applies.

4. SMS TEXT ALERTS AND OTHER LOFT/ACTIVEBUILDING 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 Loft/ActiveBuilding Services.  You also consent to receiving Loft/ActiveBuilding 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 Loft/ActiveBuilding 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 Loft/ActiveBuilding Services, by providing your mobile phone number(s) and opting in to the SMS Service:
    1. You authorize RealPage and your property management staff to send text messages to the mobile phone number(s) included in your Loft/ActiveBuilding 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.

      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.