RealPage^® Self-Guided Tours Terms of Use

Updated: June 1, 2023

These Terms of Use (“Terms”) state the basic terms and conditions that govern your access to and use of Self-Guided Tours (the “Service”) provided by RealPage, Inc. (“RealPage”). Please carefully read these Terms before accessing, downloading or using the Service. By accessing, downloading or using any portion of the Service you expressly acknowledge and agree to the following terms and conditions.

Please be advised that these Terms contain provisions, including a Dispute Resolution Agreement (see Section 22 below, titled “Dispute Resolution Agreement—Arbitration and Class Action 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. Modification of the Terms. RealPage may modify these Terms at any time without notice to you. The date provided at the top of this page indicates the most recent update to these Terms. We recommend that you review these Terms periodically for any changes. If we materially modify these Terms, we will make reasonable efforts to notify you of the change (through a pop-up or similar notification). Regardless of notification, your continued access to or use of the Service will constitute your acceptance of the revised legally-binding Terms.
2. Using the Service. You understand and acknowledge that the Service is a platform that provides you with the ability to schedule an onsite, self-guided tour of certain real estate rental properties (each a “Property”) and to access certain content about the Property during your tour. In order to access certain components of the Service, such as our mobile applications and web portal (collectively, the “Apps”), you may be required to create and maintain an account. To create an account, you must (i) be at least 18 years of age or acting under the supervision of a parent or legal guardian who has agreed to be bound by the terms of these Terms on your behalf; and (ii) provide (and subsequently maintain) accurate and up-to-date requested information. Subject to the restrictions in these Terms, you grant us the right to use this information you provide for the purpose of delivering the Service. RealPage reserves the right to suspend or terminate your account and access to the Service if you provide information during the registration process or thereafter that is inaccurate, not current or incomplete.
   
   You are solely responsible for (i) keeping secure your account information, and any passwords and access codes that you use or are given access to pursuant to the Service, and (ii) the actions of anyone who uses your account or accesses a Property by or through you, or through the use of your credentials—even if not authorized by you. If you suspect that someone has accessed your account without your consent, or that any access code has been compromised, then you must immediately notify RealPage and the applicable Property’s management. RealPage is not responsible for any damages arising from your access to a Property, anyone’s access to a Property using your credentials, or your failure to comply with these Terms.
3. Consent to Receive SMS Messages. We offer you the ability to enroll your mobile phone number(s) in our Short Messaging Service text message service (the "SMS Service") for purposes of receiving messages from us and Property staff. By providing your mobile phone number(s) to RealPage and opting in to the SMS Service:
   
   
   • You authorize RealPage and Property staff to send text messages to your mobile phone number(s) relating to the Service and the Property—which may include marketing-related communications;
   • 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 acknowledge and agree that standard message and data rates may apply; and
   • You confirm that you are the owner or subscriber of the mobile phone number(s) and authorized to enroll them in the SMS Service.
   
   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. You may cancel your enrollment in the SMS Service at any time by:
   
   
   • Removing your mobile phone number(s) from the SMS Service registration;
   • Sending an SMS Service opt‐out request email to privacy@realpage.com; or
   • Texting "STOP" in reply to any text message received from the SMS Service.
   
   Please note that it may take up to 5 business days for RealPage to process your email submission to opt-out of the SMS Service.
   
   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.
4. Limited License. Subject to your ongoing compliance with these Terms and all applicable laws, rules and regulations, RealPage grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license to (i) access and use the Service; and (ii) install and use the executable form of the Apps solely for your personal use on a device owned or controlled by you. RealPage reserves all rights in and to the Service not expressly granted to you in these Terms. For clarity, you may not (without limitation):
   
   
   • Damage, disable, overburden, or impair the Service (or any server or networks connected to the Service);
   • Transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party;
   • Archive, copy, modify, disassemble, decompile, manipulate or reverse engineer any portion of the Service;
   • Use the Service in a way that violates any law, statute, ordinance or regulation;
   • Use the Service 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;
   • Remove or alter any trademark, logo, copyright, watermark, metadata or other proprietary notices in or on the Service;
   • Represent that you own any portion of the Service; or
   • Make use of the Service other than as intended and expressly permitted under these Terms.
5. Your Conduct. The Service may allow you to access and tour Properties. By using the Service to tour a Property, you acknowledge and agree that you (and any visitor who accompanies you during a tour) will:
   • comply with any and all applicable laws, statutes, ordinances, regulations and rules—including, without limitation, those imposed by the Property owner, manager, landlord and staff; and
   • not commit any act or omission that causes any harm, damage, nuisance, interference or other disturbance to any other person, to any personal property, or to the Property itself.
6. No Endorsement or Liability. RealPage does not endorse, and disclaims any responsibility or liability relating to, any Property made available through the Service. Accordingly, you acknowledge and agree that RealPage is not responsible for any such Property—including without limitation, the condition of the Property, your experience while visiting the Property, or the accuracy of any description of the Property. Your interactions with the Property, its owner, manager, and any Property staff, residents or other visitors are solely between you and such entities/individuals, and RealPage and its affiliates are not liable for any such interactions. RealPage and its affiliates are not responsible for any loss, damage or harm to you or your personal property resulting from any such interactions.
7. Intellectual Property. The Service (including without limitation the software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code) was created, compiled, prepared, selected, developed and arranged by RealPage through the expenditure of substantial time, effort and resources. The Service is the property of RealPage, our affiliates and our and their licensors, and is 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 the Service and no proprietary interest or right of title is transferred to you under these Terms or by your access to or use of the Service whether by implication, estoppel, or otherwise. RealPage, our logo, and any other product or service name or slogan contained in the Service 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 Service 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 to the Service any content (such as information, data, 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; and (v) the User Content complies with these Terms and all applicable laws
   
   By uploading or posting User Content to the Service you grant RealPage and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right to use, reproduce, modify, adapt, 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 Service and (ii) any other purposes expressly authorized by you.
9. WARRANTY DISCLAIMER. YOUR ACCESS TO AND USE OF THE SERVICE IS YOUR OWN CHOICE AND SOLELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS 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 SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. THIS WARRANTY DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
10. 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 THE SERVICE, 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 OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED YOUR ACCESS TO OR USE OF THE SERVICE, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT THE GREATER OF (A) THE AMOUNT YOU PAID TO ACCESS TO THE SERVICE 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 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.
11. Term and Termination. These Terms commence upon your access to the Service and will remain in effect until terminated. These Terms, and your rights and licenses hereunder, will terminate immediately upon your breach of these Terms. You may terminate these Terms by (as applicable) uninstalling the App, terminating your account, and discontinuing your access to and use of the Service. RealPage may terminate support of the Service, or limit or terminate your access to the Service, at any time for any reason.
12. 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 acts or omissions during any Property visit; (ii) your access to or use of the Service in a manner that is not reasonably contemplated under these Terms; (iii) your failure to comply with any portion of these Terms; or (iii) your failure to comply with any laws, statutes, ordinances, regulations or rules applicable to your access to or use of the Service or any visit to a Property. 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.
13. 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 outlined in the RealPage Privacy Policy.
14. Jurisdiction and Law. You agree that any claim, action, or proceeding relating to the Service and/or arising under these Terms (i) will be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein, and (ii) 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.
15. 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.
16. 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 Terms will continue in full force and effect.
17. 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.
18. 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 and (vi) any other provision which by its nature is intended to survive, will survive the termination or expiration of these Terms.
19. Assignment. You may not assign or delegate to any third party any of your respective rights or obligations under these Terms.
20. 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.
21. Entire Agreement. These Terms incorporates 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 these 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 the App, 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.
22. Dispute Resolution Agreement—Arbitration and Class Action Waiver. In consideration for the mutual promises to arbitrate Claims (defined below), for your access to and use of the Service provided by RealPage, and for other valuable consideration, you agree to the specific provisions set forth in this section (the “Dispute Resolution Agreement”). In doing so, you acknowledge that this is a legally binding agreement between you and RealPage, as defined below:
    
    
    1. As the term is used in this Dispute Resolution Agreement, “RealPage” refers to RealPage, Inc. and its parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, predecessors, successors and assigns.
    2. As the term is used in this Dispute Resolution Agreement, “Claim(s)” refer to all claims and controversies, whether based on past, present, or future events, between you and RealPage arising out of, or pertaining in any way to the Service (including, without limitation, your access to and use of the Service). The Claims include, without limitation:
       
       
       1. Those that, in the absence of this Dispute Resolution Agreement, would have been heard in a court of competent jurisdiction under applicable state or federal law;
       2. 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, and state and federal statutory claims under any provision of law regulating the Internet, the Service, and access to real estate; and
       3. Disputes relating to the formation, interpretation, applicability, scope or enforceability of these Terms.
    3. AGREEMENT TO ARBITRATE CLAIMS: YOU AND REALPAGE AGREE THAT ANY AND ALL CLAIMS SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU AND REALPAGE FURTHER AGREE THAT ANY SUCH CLAIMS RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF 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.
    4. 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 this Dispute Resolution Agreement. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, you and RealPage agree that the Dispute Resolution Agreement will not apply, and any Claim shall be resolved in court. That is, you and RealPage agree that this class action waiver cannot be severed from this Dispute Resolution Agreement. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.
    5. JURY AND COURT WAIVER: BY AGREEING TO ARBITRATION, YOU AND REALPAGE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS.
    6. Applicable Law: You and RealPage agree that, notwithstanding any other choice of law provision, this Dispute Resolution Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
    7. OPT-OUT: IF YOU DO NOT WANT THIS DISPUTE RESOLUTION AGREEMENT TO APPLY, YOU MAY OPT-OUT OF IT BY SENDING TO REALPAGE, ATTN: CHIEF LEGAL OFFICER, AN OPT-OUT NOTICE E-MAIL TITLED “SELF-GUIDED TOURS – Terms – ARBITRATION OPT-OUT” TO ARBITRATIONOPTOUT@REALPAGE.COM WITHIN FOURTEEN (14) DAYS AFTER THE EARLIER OF (I) YOUR FIRST USE OF THE SERVICE; OR (II) YOUR FIRST DOWNLOAD OF THE APP. THIS E-MAIL OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE DATE YOU FIRST USED THE SERVICE OR DOWNLOADED THE APP; AND (C) A STATEMENT THAT YOU ARE OPTING OUT OF THE DISPUTE RESOLUTION AGREEMENT.
    8. Procedure for Initiating Arbitration: You and RealPage agree that JAMS shall conduct any arbitration initiated pursuant to this Dispute Resolution Agreement. To initiate arbitration, you may contact JAMS at 1-800-352-JAMS or www.jamsadr.com. A demand for arbitration form can also be found at https://www.jamsadr.com/submit. If you file an arbitration claim against RealPage, you are responsible for paying $250 of JAMS’ fees. RealPage agrees to pay the remainder of JAMS’ fees, if any, on your behalf. Arbitration shall be held in the state where the Property at issue is located.
    9. Small Claims: Notwithstanding the provisions above, this Dispute Resolution Agreement does not preclude you or RealPage from seeking remedies in any applicable small claims court, provided the remedies sought are within the scope of the applicable small claims court’s jurisdiction.
    10. Arbitration Rules: You and RealPage agree that the arbitration will be administered pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as well as the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, in effect at the time of the arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all proper claims of privilege recognized by law. The arbitrator will not have the power to award damages or relief not authorized by law.