BY SELECTING THE ACCEPT OR SUBMIT BUTTON OR ANY EQUIVALENT BUTTON OR ACTION, OR BY ATTENDING OR PARTICIPATING IN ANY EVENT, OR ACCESSING OR USING ANY RELATED MATERIAL OR SERVICES, YOU AGREE, ON YOUR BEHALF AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT, TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”).
1. Acceptance of Terms
These Terms apply to your attendance at, or participation in, any online or in-person event (collectively “Events”) hosted or organized by RealPage, Inc. and/or its affiliates (collectively “RealPage”), and any material, resources, or services made available in connection with any such event, including any RealPage websites or applications (collectively, “Event Materials”).
RealPage may change these Terms by providing notice of the changes by any reasonable means, including without limitation by posting the revised version on a website, mobile application, or electronic communication in connection with the Event. Attending or participating in any Event, or accessing or using any related material, resources, or services, after such changes constitutes your acceptance of the updated Terms. Without limiting any other remedy under these Terms or applicable law, failure to comply with these Terms may result in RealPage taking any action it deems appropriate in response, including cancelling your Event registration or restricting access from any or all Events.
2. Cancellations and Event Changes
Each Event is subject to change at any time. RealPage does not guarantee the attendance of any third party (including any exhibitor or speaker), or that any scheduled session, breakout, or other activity will take place. RealPage may, without prior notice, make changes to an Event at any time for any reason, and RealPage is not responsible for any modification or cancellation of any Event.
3. Collection and Use of Personal Data
The collection, use, disclosure, processing, and storage of your personal data is governed by the RealPage Privacy Policy. When registering for an Event, you are consenting to RealPage contacting you via the information provided for purposes of Event communications and additional marketing communications regarding RealPage products, services, and additional Events. In furtherance of our legitimate interest, or where needed to deliver Event content or follow-up services, RealPage may share your name and contact information with our partners and sponsors of an Event, and you acknowledge that the applicable third party’s privacy statement will govern its use of your personal data.
RealPage may use, or provide for you to use, third-party products or services to access or attend an Event (“Third Party Services”). Third Party Services are responsible for their own privacy practices in connection with the collection and use of your data. Read the privacy statements, supplemental notices, and/or settings of all mobile apps, websites, and platforms that you visit or interact with to understand their privacy practices and your options regarding your personal data.
4. RealPage Proprietary Rights
RealPage and/or its licensors and suppliers own any Event Materials made available through or related to the Event. Such information is protected by copyright, trademark, or other proprietary rights and laws. Event Materials are for viewing purposes only. No copying, recording, posting, reproducing, modifying, renting, leasing, loaning, selling, distributing, or creating derivatives works (electronic or otherwise) of any Event Materials is permitted without the prior written consent of an authorized representative of RealPage.
5. Event Submissions and Participation
RealPage may make available certain functionality (including but not limited to forums, email, videoconferencing, chat, break-out rooms, and event surveys) through which you are able to post, send or make available information and materials in connection with the Event (each, a “Submission”). You retain any ownership rights that you may have in any of your Submissions. However, you grant to RealPage a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify or otherwise use and exploit your Submissions, in any format or media, and for any purpose. You hereby represent and warrant that you have all necessary rights to grant the foregoing license. RealPage may use Submissions for any purpose whatsoever without compensation to you or any other person.
You are and remain responsible and liable for your Submissions. RealPage may (but has no obligation to) monitor, review, store, evaluate, alter or remove any Submission at any time before or after it appears at, or in connection with, an Event.
6. Attendee/Participant Conduct
You must always treat other attendees and RealPage personnel with courtesy and respect, and maintain a friendly, safe, supportive, and harassment-free environment. Any conduct deemed a violation of these Terms may result in the removal of the violating party or parties from the Event and restriction from attending future Events.
7. Notice of Recording and Release
RealPage may use certain technology or services to document, transcribe, and make audio, video, photographic, or other recordings relating to an Event, including written and spoken comments and testimonials (each, a “Recording”). By accepting these Terms, you consent to such Recording, and you hereby grant to RealPage a perpetual, unlimited, royalty free, worldwide right and license to use, reproduce, create derivative works from, distribute, transmit, or display, in all media, any portion of the Recording (and any Submissions captured therein) in connection with RealPage’s internal and/or external public relations, marketing, advertising, sales, or other business purposes.
Except to the extent prohibited by applicable law, you shall not assert any claim arising from or related to the exercise of the rights granted by you above, including, without limitation, any claim for a violation of rights of privacy, publicity, and/or moral rights. You affirm that you are of legal age and have read the foregoing release and fully understand its contents.
8. Forward Looking Statements
During an Event, RealPage may make statements regarding planned or future development efforts for existing or new products and services. These statements are not intended to be a promise or guarantee of future availability of products, services, or features, but merely reflect RealPage’s current plans based on factors currently known to it. These planned and future development efforts may change without notice.
9. Payments
Event fees and other charges may apply to your attendance or participation in any Event or may otherwise be incurred by you in connection with an Event. If payment is required, you may be asked to supply certain information such as your credit card number and its expiration date, your billing address, and your shipping information. You grant RealPage the right to provide such information to third parties for the purpose of facilitating transactions. You represent and warrant that you have the right to use any payment method that you submit. Verification of information may be required before acknowledgment or completion of any transaction. You must pay all fees and charges incurred by you or on your behalf in connection with an Event, at the prices in effect and disclosed to you when incurred. You are responsible for any taxes applicable to your transactions. RealPage may, without prior notice, cancel, terminate, or impose conditions on any provided discount, or similar promotion. Any obligation to refund for cancellation of an Event will be subject to RealPage’s discretion depending on the nature and basis of such cancellation.
10. Force Majeure
RealPage is not responsible for defaults or delays resulting from fire, flood, earthquakes, acts of God, epidemics, pandemics, or reasonable threats thereof, or any circumstance beyond its reasonable control. Without limiting the foregoing, and without refunds or discounts, RealPage may cancel or reschedule an Event in case of a force majeure event, including if RealPage reasonably determines such occurrence may detrimentally affect the value or usefulness of the Event.
11. DISCLAIMER
THE EVENT IS MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. REALPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU MUST EVALUATE, AND YOU BEAR ALL RISKS ASSOCIATED WITH, ATTENDANCE AND PARTICIPATION IN ANY EVENT, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS MADE AVAILABLE. REALPAGE AND ITS EVENT ORGANIZERS, SPONSORS, PROVIDERS, AND OTHER VENDORS, AND ITS AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES (THE “REALPAGE PARTIES”), ARE NOT RESPONSIBLE FOR ANY INJURY, THEFT, LOSS, OR DAMAGE TO PERSONS OR PROPERTY, OR LOSS OR DAMAGE OF ANY OTHER KIND THAT MAY OCCUR TO YOU, OR TO ANY OF YOUR OR REALPAGE’S INVITEES, FROM ANY CAUSE WHATSOEVER. YOU ASSUME SOLE RESPONSIBILITY FOR ALL SUCH RISKS.
While RealPage tries to maintain the integrity and security of an Event and the servers from which any digital Event is operated, RealPage does not guarantee that any Event will be or remain, secure, complete, or correct, or that access to an Event will be uninterrupted. The quality (e.g., resolution and playback) of streaming content in connection with an Event may be affected by various factors such as your location and the speed of your internet connection. RealPage makes no representation or warranty regarding access to content available in connection with any Event, including the quality of any streaming content.
12. LIMITATION OF LIABILITY
THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF THE REALPAGE PARTIES FOR ALL CLAIMS ARISING UNDER THESE EVENT TERMS OR RELATED TO AN EVENT IS LIMTED TO YOUR DIRECT DAMAGES BUT SHALL NOT EXCEED THE REGISTRATION FEES PAID BY YOU TO REALPAGE FOR THE APPLICABLE EVENT. IN NO EVENT SHALL ANY REALPAGE PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, WITH RESPECT TO THESE EVENT TERMS OR RELATED TO ANY EVENT, EVEN IF THE REALPAGE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME OR EVEN IF REASONABLY FORSEEABLE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
13. Indemnification
To the fullest extent permitted under applicable law, you must defend, indemnify and hold harmless RealPage and its directors, officers, employees and agents from and against all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to: (a) your attendance or participation in any Event (including any Submissions); and (b) your violation or alleged violation of these Terms.
14. Miscellaneous
Each party is and shall remain an independent contractor with respect to all performance rendered under these Event Terms. You shall not be considered an employee or agent of RealPage for any purpose, shall have no authority to bind or make commitments on behalf of RealPage, and shall not hold yourself out as having such authority.
These Terms supersede all prior and contemporaneous discussions and writings with respect to its subject matter and constitute the entire understanding and agreement of the parties with respect to its subject matter.
No failure or delay in enforcing any right under these Terms will be deemed a waiver. If any provision of these Terms is held by a court to be unenforceable, the remaining portions shall remain in full force and effect.
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without RealPage’s express prior written consent. RealPage may assign, transfer or sublicense any or all of its rights or obligations under these Terms without restriction. These Terms are binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms are governed solely by the internal laws of the State of Texas, without reference to any conflicts of law principle that would require the application of the substantive laws of another jurisdiction. The parties consent to (and waive any objection to) the personal and exclusive jurisdiction of the federal and state courts in Dallas County, Texas.