Last Updated: October 28, 2024
These Moving Service-Specific Terms apply to the Moving 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 Moving Service-Specific Terms and the General Terms are the “Moving 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 Moving Terms before accessing or using the Moving Services. The Moving Terms may contain links to additional governing terms and conditions that are incorporated by reference and will apply depending on your use of the Moving Services. By accessing or using the Moving Services, or otherwise demonstrating your acceptance of the Moving Terms, you accept and are bound by the Moving Terms. If you do not agree to be bound by the Moving Terms, then you may not access or use the Moving Services.
PLEASE BE ADVISED THAT THE MOVING 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
The Moving Services provide an e-commerce marketplace platform that facilitates certain workflows and services, such as utility shopping and other unit setup services, for residents of participating residential rental properties.
RealPage offers the Moving Services at its sole discretion. RealPage hereby reserves the right to offer you alternative or additional Moving Services based on your location of residence, to terminate or modify the Moving Services, and to modify the Moving Terms or any related policy or guideline pertaining to the Moving Services at any time without notice to you. The date provided at the top of this page indicates the most recent update to these Moving Service-Specific Terms. We recommend that you review the Moving Terms periodically for any changes. The Moving Terms are subject to interpretation by RealPage.
2. REALPAGE PARTY
The RealPage Party that provides the Moving Services is RealPage, Inc.
3. PRIVACY POLICY
The data you provide, and we transfer, in conjunction with the Moving Services is governed by your property management company’s privacy policy and the privacy policy of the applicable Third-Party Provider who will fulfill your Order (as defined below).
4. RESIDENT ORDERS
- Orders and Authorization. You may purchase residential services, utilities, products and amenities (collectively, “Amenities”) from third-party residential service and utility providers (“Third-Party Providers”) who offer and sell Amenities to you through the Moving Services. If you place an order for the purchase of Amenities through the Moving Services (an “Order”), you (i) authorize us to submit to the applicable Third-Party Provider any information that you provide to us for the purposes of fulfilling your Order, and (ii) acknowledge and agree that you are entering into an agreement directly with the applicable Third-Party Provider (and not RealPage) for the purchase of such Amenities. If required by the Third-Party Provider, you may be asked to confirm or provide certain information relevant to your Order, including, without limitation, your name, email address, phone number, residential address, billing address, and payment information.
- Disclaimer of Responsibility. You understand and agree that: (i) RealPage does not sell, and is not responsible for, any Amenities made available for purchase through the Moving Services; (ii) RealPage only displays the content of the offers for Amenities and does not own or supply any Amenities listed on the Moving Services; (iii) your use of any Amenities made available through the Moving Services is subject to the applicable terms and conditions as stated by the offering Third-Party Provider; (iv) the Third-Party Provider may disable your access to the applicable Amenities without RealPage’s knowledge or control; and (v) you are responsible for backing up or making copies of any User Content submitted or materials received through the Moving Services, and RealPage cannot restore access to, or provide copies of, any User Content or other Amenities-related materials that have been removed or deleted from the Moving Services.
- Payment. You agree to timely pay in full all amounts payable for Amenities purchased through the Moving Services, including any additional applicable charges (such as taxes or fees, if applicable) that may be accrued or incurred in connection with your Order for any Amenities.
- No Warranty. RealPage is not responsible for any loss or damage arising out of your access to or use of any Amenities purchased through the Moving Services. You understand and agree that (i) any input RealPage provides relating to any Moving Services is provided without warranty of any kind, and is for informational purposes only; (ii) RealPage has no control over and does not guarantee the existence, quality, safety or legality of the Amenities advertised through the Moving Services; and (iii) the applicable Third-Party Provider (not RealPage) will approve or complete your Order for, purchase, activation, or transfer of an Amenity. You must direct any requested refund to the applicable Third-Party Provider, and not RealPage, subject exclusively to the terms and conditions between you and the applicable Third-Party Provider of the Amenities at issue.
- Order Status and Cancellation. You may check the status of an Order through the Moving Services by logging in and reviewing your account dashboard. If your applicable Order status is “Pending,” then you may cancel the Order through the Moving Services. If your applicable Order status is “Activated,” then you must directly contact the applicable Third-Party Provider in order to cancel the Order (subject to such Third-Party Provider’s applicable terms and conditions). While RealPage exercises reasonable efforts to display each Third-Party Provider’s contact information and your applicable Order information on your account dashboard, you understand and acknowledge that we cannot guarantee the accuracy of, and it is solely your responsibility to verify the accuracy of, the applicable Third-Party Provider’s contact information.
5. MOVING SERVICES AVAILABILITY
You acknowledge that there may be interruptions in your access to the Moving Services. While we use reasonable efforts to keep the Moving Services accessible, the Moving Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance or due to events that are beyond our control—such as interruptions in service caused by events on third-party sites. RealPage is not responsible for any connectivity issues you may experience when accessing the Moving Services or for any delays or loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
6. DISPUTES WITH THIRD-PARTY PROVIDERS
If you choose to interact with a Third-Party Provider through the Moving Services, you agree that your purchase of, payment for, and use of any Amenities, and any terms, conditions, warranties, or representations associated with such interaction, are solely between you and such Third-Party Provider. RealPage does not control, fulfill, complete, or approve Orders or the purchase of Amenities made through the Moving Services beyond facilitating the necessary data transfer with the applicable Third-Party Providers, and we are not responsible for any loss or damage you incur as a result of any such dealings with a Third-Party Provider. IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, YOU AGREE THAT REALPAGE HAS NO OBLIGATION TO INTERVENE OR OTHERWISE BECOME INVOLVED, AND YOU HEREBY RELEASE REALPAGE FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES OR DAMAGES OF ANY KIND AND NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE.
7. ACCURACY OF YOUR INFORMATION
You represent and warrant that the information in your account, and any other information you otherwise provide to us or a Third-Party Provider, is accurate, current, and complete information, and agree to update such information in the event of any changes in order to keep it accurate, current, and complete. If you choose to make a purchase using the Moving Services, you further represent and warrant that you have the legal authority to use any credit card or other payment method(s) you use in connection with your purchase. We reserve the right to suspend or terminate your access to the Moving Services if any information provided to us proves to be untrue, inaccurate, or incomplete.
8. SMS TEXT ALERTS AND OTHER MOVING 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 Moving Services. You also consent to receiving Moving 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 Moving 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.
- Enrollment and Consent. If SMS Service is made available to you through the Moving Services, by providing your mobile phone number(s) and opting in to the SMS Service:
- You authorize RealPage and your property management staff to send text messages to the mobile phone number(s) included in your Moving Services profile.
- 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.
- 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.
- Opting Out. You may cancel your enrollment in the SMS Service at any time by:
- Removing your mobile phone number(s) from the SMS Service registration; or
- Texting "STOP" in reply to any text message received from the SMS Service.
- 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.