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Terms of Use

Updated: August 6, 2024

These Terms of Use (the “Terms”) govern your access to and use of this website, its mobile application (if applicable) and their subdomains (collectively, the “Website”). The Website is owned and operated by RealPage, Inc. (“RealPage,” “us,” “we” or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms in their entirety, you must immediately discontinue any access to or use of any portion of the Website.

By accessing or using the Website, you represent and warrant that (a) you are at least 18 years old and are lawfully able to accept these Terms, and (b) if you are accessing or using the Website on behalf of an entity, you are authorized to accept these Terms on behalf of that entity, and that the entity is bound by these Terms.

  1. UPDATES TO THE TERMS. RealPage may modify these Terms at any time with or without notice to you. If we modify these Terms, we will post the revised Terms on the Website and update the “Updated” date at the top of these Terms. We recommend that you review these Terms periodically for any changes. Your continued access to or use of the Website will constitute your acceptance of the revised, legally binding Terms.

  2. USE OF THE WEBSITE. The Website and the content featured or displayed on the Website, including without limitation the text, data, images, video, audio, graphics, illustrations, software, metadata, and the selection and arrangement thereof (the “Content”) is intended for RealPage customers only. You may only access and use the Website and Content for purposes of your business with us. You may not:

    1. Archive, disassemble, decompile, manipulate or reverse engineer any portion of the Website or Content;

    2. Download, copy, use, reproduce, modify, sell, publish, distribute, display, license, re-transmit or create any derivative work from any portion of the Website or Content without, or in violation of, a written content license agreement with RealPage;

    3. Use the Website or Content in any way that violates any law, statute, ordinance or regulation;

    4. Use the Website or Content to defame, abuse or otherwise harass or threaten any third party;

    5. Use the Website to publish, post, distribute or display 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;

    6. Use the Website or Content for promotions, political campaigning, advertising, junk mail, spam or solicitations;

    7. Use any robot, spider, crawler, deep-links, data-mining, data-gathering, extraction tool, or other automatic device or manual process to monitor, copy, harvest, gather or “scrape” any portion of the Website or Content;

    8. Reproduce or otherwise use the Website or Content in any manner for the purpose of training any form of artificial intelligence technologies;

    9. Manipulate or display the Website or Content through “framing” or similar navigational technology;

    10. Use any device, method, code, software or routine that interferes (whether purposeful or inadvertent) with the proper function of the Website or Content;

    11. Remove or alter any trademark, logo, copyright, watermark, metadata or other proprietary notices in or on the Website or Content;

    12. Link the Website or Content to any other website;

    13. Interfere with the performance or security of the Website or any systems, networks or services accessible through the Website, including though viruses, corrupted data, or other harmful files;

    14. Represent that you own any portion of the Website or Content; or

    15. Make use of the Website or Content other than as intended and expressly permitted under these Terms, or in a manner that is competitive with RealPage—as determined in our discretion.

    You represent and warrant that you will comply with all laws and regulations applicable to the Internet, data usage, e-mail, privacy and the transmission of technical data sent from the United States or the country where you reside.

  3. INTELLECTUAL PROPERTY. The Website (including its underlying software) and Content were created, compiled, prepared, selected and arranged by RealPage through the expenditure of substantial time, effort and resources. They are the property of RealPage and our licensors, and are protected by (as applicable) copyright, trademark, patent, trade secret, trade dress, moral rights and other intellectual property laws and treaties. Except as expressly provided herein or in a separate license agreement between us and you, RealPage does not grant any express or implied permission to use the Website or Content.

    4. RealPage, our logo and any other product or service name, or slogan presented through the Website are 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 presented through the Website 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.

    It is RealPage’s policy to promptly investigate infringement claims and take appropriate actions in accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. If you believe that any content posted on the Website infringes your copyright or other intellectual property rights, please let us know by following the process set forth at DMCA Notice.

  4. LINKS TO THIRD PARTY WEBSITES. The Website may link to third party websites. These links are provided for your convenience only and do not constitute or imply any endorsement, sponsorship or recommendation by us. RealPage does not make any representations or warranties relating to, and disclaims any responsibility or liability for (either directly or indirectly), any content or services provided by or through such third parties and their websites. If you click on a link to any third party website, you understand that you will be leaving the Website and that any interaction between you and the applicable third party will be governed exclusively by any terms between you and such third party.

  5. SER CONTENT. If you upload or post to the Website any content (such as images, video, audio or text) that was not created by RealPage or its affiliated entities (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.

  6. PRIVACY POLICY. RealPage is committed to protecting your privacy. Please read through our Privacy Policy which is incorporated by reference into these Terms. The Privacy Policy governs the collection, use and disclosure of data arising out of your use of the Website and Content.

  7. INTERACTIVE SERVICES OR FORUMS. The Website may contain interactive features and functionality (the “Interactive Areas”) enabling you to share and exchange certain User Content. The Interactive Areas are provided for your personal use. You may not otherwise use or distribute User Content accessible in the Interactive Areas without our express written permission. In addition, when using the Interactive Areas you must conduct yourself in a cordial and friendly manner and in accordance with these Terms. You may not identify or suggest any affiliation with or endorsement by RealPage or its affiliated entities. Any views or opinions expressed by you are your personal views or opinions and do not reflect the views or opinions of RealPage or its affiliated entities. RealPage and its affiliated entities are not responsible and assume no liability for (i) any User Content posted, stored or uploaded by you or any third party, (ii) for any loss or damage thereto, or (iii) any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. Although we have no obligation to screen, edit or monitor any User Content posted in the Interactive Areas, we reserve the right in our discretion to remove or edit any User Content.

  8. DISCLAIMER. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR LIABILITY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AND CONTENT AT YOUR OWN RISK. REALPAGE PROVIDES NO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES OR LIABILITY CONCERNING (I) ACCURACY, CORRECTNESS, CURRENCY, AVAILABILITY, RELIABILITY, PERFORMANCE, SUITABILITY, COMPATIBILITY, OWNERSHIP OR TITLE, THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS, FITNESS FOR HIGH RISK ACTIVITIES OR TIME OF PERFORMANCE RELATING TO THE WEBSITE AND CONTENT; (II) CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE WEBSITE OR CONTENT, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

  9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL REALPAGE, OUR AFFILIATES, OR OUR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST OR DAMAGED DATA, GOODWILL, LOST REVENUES OR BUSINESS OPPORTUNITIES, WORK STOPPAGE OR COMPUTER FAILURE OR MALFUNCTION, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT, EVEN IF REALPAGE IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF REALPAGE, OUR AFFILIATES, OR OUR 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 WITH THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES CAPPED BY THE AMOUNT YOU HAVE PAID, IF ANY, TO REALPAGE FOR ACCESS TO OR USE OF THE WEBSITE OR CONTENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM AT ISSUE (OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, THEN $10.00 (USD)).

    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.

  10. INDEMNIFICATION. You agree to indemnify and hold harmless RealPage, our affiliates, and our respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that may arise from (i) your failure to comply with any provision of these Terms; (ii) your failure to comply with applicable local, state, federal or international laws in the use of the Website or Content; or (iii) your User Content (including any claim arising from a breach of your representations and warranties relating to any User Content). 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.

  11. DOWNTIME. RealPage periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The Website and Content are made available as a convenience only, and RealPage has no liability for the resulting unavailability of the Website or Content, or for any loss of data caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to RealPage.

  12. UPDATES TO THE WEBSITE OR CONTENT. RealPage has the right, from time to time and without prior notice to you, to discontinue, modify or change the material, nature of, type, arrangement, frequency and/or times of publication, organization, format, nature, access procedures, hours of operation, menus, structures, commands, documentation, features and functionalities of the Website, Content or any portion thereof.

  13. JURISDICTION AND LAW. You agree that any claim, action, or proceeding arising under these Terms 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 these Terms 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.

  14. 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 Boulevard, Richardson, Texas 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. RealPage may give notice to you by means of a general notice within the Website or (as applicable) to your email address on record with RealPage.

  15. INTERPRETATION. The headings used in these Terms are for convenience only and will not be considered in its interpretation. For purposes hereof, “including” means “including without limitation.” The word "or" will not be exclusive. The word "extent" in the phrase "to the extent" will mean to the degree to which a subject or other thing extends, and such phase will not mean simply "if." References to "written" or "in writing" include electronic form. The words "hereof," "herein" and "hereunder" and words of similar import when used in these Terms refer to these Terms as a whole and not to any particular provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

  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. Any waiver of any provision of these Terms will be effective only if in writing and signed by RealPage. The waiver of one provision will not be interpreted as a waiver of any other provision of these Terms.

  18. RESTRICTION AND TERMINATION OF USE. RealPage may block, restrict, disable, suspend or terminate your access to all or any portion of the Website or Content at any time in our sole discretion, without prior notice or liability to you.

  19. ENTIRE AGREEMENT. These Terms incorporate 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. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST CEASE ACCESSING OR USING THE WEBSITE AND ANY CONTENT.

  20. SMS TEXT ALERTS AND NOTIFICATIONS. We may offer you the ability to enroll your mobile phone number in our Short Messaging Service text message service (the "SMS Service") for purposes of receiving messages from RealPage relating to information you obtain through the Website.

    1. Enrollment and Consent. If SMS Service is made available to you through the Website, by providing your mobile phone number(s) and opting in to the SMS Service:

      1. You authorize RealPage to send text messages to the mobile phone number(s) you provide through the Website.

      2. You acknowledge and agree that your completion of the registration process through the Website constitutes your written, express consent to enroll your mobile phone number(s) in the SMS Service.

      3. You confirm that you are the owner or subscriber of the mobile phone number(s) and authorized to enroll them in the SMS Service.

      4. You acknowledge that your mobile phone provider may charge you for SMS Service messages in accordance with your plan with such provider.

    2. 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.

    3. Opting Out. You may cancel your enrollment in the SMS Service at any time by:

      1. Removing your mobile phone number(s) from the SMS Service registration; or

      2. Texting "STOP" in reply to any text message received from the SMS Service.

    4. SMS Service Availability and Other Information. The SMS Service relies upon third party wireless service provider networks to deliver text messages. RealPage is not liable for the availability (or lack thereof) of wireless network coverage or the failure of the wireless networks to deliver a text message. RealPage disclaims any responsibility for any wireless service used to access the SMS alerts. RealPage SMS alerts are available to users based in the United States. You understand and acknowledge that SMS alerts are not intended to be accessed from outside of the United States.