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

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, ClickPay Services, Inc., 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.