Rent Reporting, powered by Buildium: Terms and Conditions

Updated: November 11, 2024

These Buildium Rent Reporting Services End User Terms and Conditions (this “Agreement”) states the basic terms and conditions that govern your access to and use of the Buildium Rent Reporting Services provided by Buildium, LLC. (referred to as “Buildium”). Please carefully read this Agreement before accessing or using the Services (defined below). By accessing or using the Services you expressly acknowledge and agree to the following terms and conditions.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS, INCLUDING A DISPUTE RESOLUTION AGREEMENT (SEE SCHEDULE A AT THE END OF THIS AGREEMENT, TITLED “DISPUTE RESOLUTION TERMS (ARBITRATION AGREEMENT; CLASS AND COLLECTIVE ACTION WAIVER; AND JURY TRIAL WAIVER)”), THAT GOVERN HOW CLAIMS YOU AND BUILDIUM 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 Agreement. Buildium may modify this Agreement at any time without notice to you. The date provided at the top of this page indicates the most recent update to this Agreement. We recommend that you review this Agreement periodically for any changes. If we materially modify this Agreement, 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 Services will constitute your acceptance of the revised legally-binding Agreement.

2. License. During the Term (defined below), you grant to Buildium a limited, non-exclusive license to access and use your Payment Information (defined below) as necessary for Buildium to perform the Services.

3. Payment Information. As a prerequisite to receiving the Services, you must provide to Buildium certain requested information, which may include personal information. You expressly acknowledge and agree that (i) you must be 18 years of age or older to enroll in the Services; (ii) Buildium may use the personal information that you provide when you enroll in the Services, and any other personal information maintained by Buildium or its affiliates, for the purpose of verifying your identity and providing the Services; (iii) that all information that you provide to Buildium is true, accurate, and complete; (iv) Buildium is permitted to access your residential rental payment activity, which may include gaps in payment history (“Payment Information”) and provide such Payment Information to national consumer reporting agencies (as selected by Buildium in its discretion, which may include, for example, Equifax®, Experian® and Transunion®) (each a “Bureau”), (v) such Bureaus will be permitted to retain such Payment Information in perpetuity to be used for any lawful purpose; and (vi) Buildium may retain the information that you provide to Buildium or that Buildium obtains in connection with the provision of Services (but is not obligated to retain the information for any specified period of time). For clarity, Payment Information includes only rental payments made by you. Payment Information does not include any rental assistance or subsidies paid to your housing provider by third parties, which will not be reported to the Bureaus. Once the information is transmitted from Buildium to a Bureau, that Bureau will obtain an ownership interest in that information. If you do not agree to the foregoing conditions, or fail to provide the requested Payment Information, you may not use the Services.

4. Scope of Services. During the Term, Buildium will provide your Payment Information to select Bureaus, including, on an on-going basis, reporting your most recent Payment Information in a consumable format in an attempt to positively impact your credit score maintained by such Bureaus (the “Services”). Buildium will provide to the Bureaus payment activity starting with the month in which you have signed up. For clarity, your rental payment history will be submitted monthly in arrears. Buildium will also answer any questions relating to the Services, including about your Payment Information Buildium provides directly to the Bureaus. You acknowledge and agree that (i) Buildium is not a credit repair organization and has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores); and (ii) Buildium is not a Bureau and does not have direct influence over any aspect of credit, credit profiles, or the calculation of credit scores. Additionally, you acknowledge and agree that each Bureau maintains its own policies and procedures for managing, using and reporting rental payment activity and that a Bureau may remove Payment Information from your credit report in accordance with its policies and procedures. You also acknowledge that your credit score may temporarily decrease after the first month of rental payment history is reported. This is because the reporting of the rental payment may shorten the average length of your credit history, which is a factor in the Bureaus’ calculation of credit scores.

5. Payments-Related Communications.  Buildium may provide you with certain payments-related communications, including, without limitation, billing notices such as e-billing statements, account notifications, and reminders in advance of certain payment due dates known to Buildium (e.g., a rent payment).  By creating an account and/or otherwise accessing the Buildium Rent Reporting Services, you expressly acknowledge and agree that Buildium may send such communications to you via your designated communication mechanism (including, without limitation, via email) at any time, and you consent to such process.  Accordingly, you agree that Buildium may send any such communications to you between the hours of 9:00 p.m. and 8:00 a.m., or at any other time during the day.

6. No Warranty on Results. Each Bureau will determine, in its sole discretion, whether and how to use your Payment Information. BUILDIUM DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), THAT THE REPORTING OF YOUR PAYMENT INFORMATION WILL BE USED BY ANY BUREAU TO IMPROVE YOUR CREDIT SCORE MAINTAINED BY SUCH BUREAU.

7. Registration. You agree to maintain one enrollment registration and not attempt to enroll multiple registrations using alternate names, contact information or payment sources.

8. Services Fee; No Refunds. In consideration for providing the Services, you will pay to Buildium the fees disclosed to you at the time of enrollment (the “Services Fee”). Buildium requires that you register for the Services by registering an active credit card on file with Buildium. . If you enroll in the Lease Term Subscription, the applicable Services Fee will be payable in advance of each month in which you receive the Services. The Services Fee will be automatically deducted from your account until the Services are terminated in accordance with Section 12 (Term and Termination) of this Agreement. Once the Services Fee has been rightfully deducted from your account in accordance with this Agreement, you will not be eligible for a refund of the Services Fee(s). For clarity, if you cancel the Services during a subscription term, you will not receive a refund for any subscription fees already paid. Buildium reserves the right to increase the Services Fee upon thirty (30) days’ prior notice to you.

9. Dispute Resolution. For any dispute relating to an entry on a credit report related to your Payment Information, you agree to attempt to resolve such dispute directly with the applicable Bureau(s). Notwithstanding the foregoing, if in the context of any such dispute a Bureau raises any concerns directly with Buildium, Buildium will exercise commercially reasonable efforts to assist you as reasonably necessary to address such concerns (which may include, for example, contacting your property manager and/or contacting the applicable Bureau and requesting deletion or modification of your Payment Information, as appropriate).

10. 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 Buildium through the expenditure of substantial time, effort and resources. The Services are the property of Buildium, its affiliates and its 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 the Services and no proprietary interest or right of title is transferred to you under this Agreement or by your access to or use of the Services whether by implication, estoppel, or otherwise. Buildium, our logo, and any other product or service name or slogan contained in the Services constitute trademarks of Buildium 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.

11. WARRANTY DISCLAIMER.

YOUR ACCESS TO AND USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, 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, BUILDIUM, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “BUILDIUM PARTIES”) EXPRESSLY DISCLAIM (I) ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), MERCHANTABILITY, ERROR-FREE NATURE, TITLE, QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE; (II) ANY WARRANTY THAT THE SERVICE WILL IMPROVE YOUR CREDIT SCORE AND (III) ANY OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION, SERVICES OR FEATURES AVAILABLE THROUGH THE SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES. THIS WARRANTY DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  WITH RESPECT TO THE SERVICES, YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT BUILDIUM IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE BUREAUS ACTUALLY FURNISHING THE CREDIT PROFILES AND SCORES AT ISSUE; THEREFORE, THE BUILDIUM PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT PROFILES AND SCORES AND FOR A BUREAU’S USE OR MANAGEMENT OF THE INFORMATION PROVIDED TO THEM BY BUILDIUM.

12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL BUILDIUM, OUR AFFILIATES, OUR SUBCONTRACTORS, OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES OR BUSINESS REPUTATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF BUILDIUM IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BUILDIUM, OUR AFFILIATES, OUR SUBCONTRACTORS OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT $10.  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 this Agreement 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.

13. Term and Termination. This Agreement commences upon your access to the Services and will remain in effect unless terminated by either party as set forth herein (the “Term”). This Agreement, and your rights and licenses hereunder, will terminate immediately: (i) upon your breach of the Agreement; (ii) upon your failure to timely make payment of the Services Fee; (iii) upon your failure to make a rent payment during the preceding 90-day period; (iv) upon the end of your lease (including any renewal thereof); or (v) if Buildium no longer has access to your residential rental payment history. Buildium may terminate support of the Services and this Agreement, or limit or terminate your access to the Services, at any time for any reason. Additionally, you may cancel the Services, effective as of the last day of the month in which you provide notice, by visiting the Buildium platform and following the instructions provided. You acknowledge and agree that if you terminate this Agreement and cancel the Services, applicable law may require you to wait for a specified period of time before you may elect to resume receiving the Services.

14. Indemnification. You agree to indemnify and hold harmless Buildium, our affiliates, and our 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 the Services in a manner that is not permitted or contemplated herein; (ii) your failure to comply with any of the terms or conditions of this Agreement; or (iii) your failure to comply with any  local, state, federal or international laws applicable to your use of the Services. Buildium 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. Data Security. Buildium represents and warrants that its collection, access, use, storage, disposal and disclosure of your Payment Information does and will comply with all applicable federal and state privacy and data protection laws. Buildium will implement administrative, physical, and technical safeguards to protect such Payment Information from unauthorized access, acquisition, use or disclosure (“Data Breach“) that are no less rigorous than accepted industry practices applicable to such Payment Information. Buildium will notify you of any Data Breach as soon as reasonably practicable after Buildium becomes aware of it.

16. Privacy Policy. You consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country, as contemplated herein and outlined in the Rent Reporting Privacy Policy.

17. Jurisdiction and Law. You agree that any claim, action, or proceeding arising under this Agreement 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 this Agreement 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.

18. Notices. Any notice to Buildium under this Agreement must be in writing and delivered in person, by nationally recognized express courier or by certified mail to: Buildium, LLC, 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.

19. Contact Information. For questions related to the Services, visit the “My Account” page within the Buildium platform to review frequently asked questions regarding the Services.

20. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.

21. Waiver. The only way a party may waive any of its rights under this Agreement 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 this Agreement.

22. Survival. The provisions of this Agreement relating to (i) any license restrictions; (ii) warranty disclaimer, (iii) limitation of liability, (iii) indemnification, (iv) ownership of intellectual property, (v) entire agreement, (vi) dispute resolution and class action waiver; and (vii) any other provision which by its nature is intended to survive, will survive the termination or expiration of this Agreement.

23. Assignment. You may not assign or delegate to any third party any of your respective rights or obligations under this Agreement.

24. 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.

25. Entire Agreement. This Agreement 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 this Agreement.

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 [email protected] 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 [email protected] 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 [email protected] 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 Arbitratoror 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.

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.