RealPage Payments Services ResidentDirect Terms and Conditions - NMLS ID 1186433

RealPage Payments Services ResidentDirect Terms and Conditions

Last updated: October 15, 2024

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RealPage Payments Services LLC (RPPS) RealPage Payments Services ResidentDirect – Resident Portal Summary

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Last updated: January 19, 2015

RealPage Payments Services LLC (“RPPS”) provides electronic payment channels for residents to pay rent, and other items (such as, utilities, housekeeping services, etc). RPPS will settle transactions to property management companies (“PMCs”), through an agreement.

The RealPage Payments Services ResidentDirect is a Bill Payment service that allows residents of apartment communities to conveniently pay their rent and other charges. In order to make a payment, log into your community’s resident portal. All of your statement details and payments are updated in real-time.

We have provided some section headers for your convenience, but you should carefully read through the RealPage Payments Services LLC (“RPPS”) Terms & Conditions (the “Agreement”) in order to understand your rights and responsibilities, as well as ours.

When you use RPPS Payments Services ResidentDirect, you agree that we may communicate with you electronically.

RealPage Payments Services LLC (RPPS)
RealPage Payments Services ResidentDirect – Terms and Conditions

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Last updated: March 10, 2025

RealPage Payments Services LLC Terms & 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 REALPAGE HAVE AGAINST EACH OTHER ARE RESOLVED, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE THE PARTIES TO SUBMIT CLAIMS THEY MAY HAVE AGAINST ONE ANOTHER TO BINDING AND FINAL ARBITRATION. UNDER THE DISPUTE RESOLUTION AGREEMENT, THE PARTIES WILL (I) ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (II) BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

1. Service Definitions

• Affiliates are companies related by common ownership or control. Our Affiliates include members of the RealPage, Inc. corporate family.
• Authorized User means you and any individual who you allow to use the Service or your password or other means to access the Service.
• Biller is the entity (landlord, owner, or property manager) to which you wish a Bill Payment to be directed.
• Bill Payment is a payment that is initiated by you through the Service to a Biller.
• Billing Statement is the statement of charges provided by the Biller to you indicating, among other things, how much you owe and when your payment is due.
• Business Day is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are closed.
• Convenience Fee is the fee we charge you for processing the Payment Instruction provided by you. This fee is added to your Bill Payment amount and disclosed during the payment scheduling process.
• Due Date is the date reflected on your Billing Statement when your Bill Payment is due; it is not the late date or grace period.
• Payment Account is the account (including, for example, the checking, savings, debit or credit card account) from which Bill Payments will be debited, and from which all fees and charges associated with the Service will be automatically debited, and to which any related credits will be made.
• Payment Instruction is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Bill Payment amount, Payment Account number, and Scheduled Payment Date).
• Return is any ACH item returned from your bank for any reason.
• Scheduled Payment is a Bill Payment that has been scheduled through the Service but has not begun processing.
• Scheduled Payment Date is the day you want your Payment Account to be debited. If the Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will be considered to be the next Business Day.
• Site is the website or online tenant portal through which the Service is offered.

2. SERVICES

RealPage Payments Services ResidentDirect (the “Service”) is an electronic Bill Payment service offered to you, our consumer (“you”) to pay your rent and other fees associated with your tenancy charges. By registering for and using the Service, you can view and pay charges from your tenant portal or use alternative payment options. These Terms & Conditions (the “Agreement”) forms a legally binding, enforceable contract between you and RealPage Payments Services LLC, (“The Company,” ”us,” or “we”), and governs your use of the Service and the portion of the website through which the Service is offered. By subscribing to the Service, using the Service, or permitting someone else to use the Service on your behalf, you agree to the terms of the Agreement.

2.1. Access Methods

The Service is accessible by using a Site, which is accessible by using a computer, tablet or smartphone. The Agreement applies only to the Site.

2.2. Scope of the Service

You may use the Service to pay application fees, security deposits, rent, ledger charges and other fees for property amenities and services related to your lease. You cannot use the Service to make payments to recipients located outside the U.S. You cannot use the Service to originate payments drawn from a Payment Account outside the U.S.

2.3. Eligibility

In order to use the Service, you must meet the following qualifications:

1. You must be an individual person of a sufficient age for, and capable of, forming legally binding contracts under applicable State law; and
2. You must have a physical mailing address in the United States and a valid and active e-mail address; and
3. You must have a valid deposit account with a U.S. financial institution that will process payments with U.S. Dollars; and
4. Your landlord, owner or property management company must offer the Service to its tenants and applicants through use of the Site.
5. Other restrictions may apply

2.4. Our Relationship With You

We are an independent contractor for all purposes, except that for certain services, we act as your agent solely with respect to the custody of your funds. The Agreement does not alter your liability or obligations that currently exist between you and your Billers. We do not have control of, or liability for, any products or services that are paid for using our Services. We also do not guarantee the identity of any user of the Service, including but not limited to Authorized Users and Billers.

2.5. Bill Payment Scheduling

You must select the Scheduled Payment Date for any payment. To avoid additional interest and charges, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected in the Billing Statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one Business Day prior to the actual Due Date. If you select a Scheduled Payment Date that occurs after the Due Date, we are not responsible for any late charges that you may be charged by the Biller. ACH Payments received at 8pm CST will be processed the following business day, not including bank holidays. We may set a maximum dollar amount for payment and/or refuse to permit any Bill Payment if we reasonably believe such refusal is necessary or advisable for security reasons or to satisfy any applicable legal or regulatory requirement.

2.6. Payment Authorization and Payment Remittance

By providing the Service with your bank, debit or credit account information, you authorize us to follow the Payment Instructions that we receive through the Service’s payment system. When we receive a Payment Instruction, you authorize us to debit your Payment Account and remit funds on your behalf to the Biller so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You represent and warrant that you have the right to authorize us to charge the Payment Account for payments you initiate using the Service and you will indemnify and hold us harmless from any claims by any other owner of the account. You agree to promptly update your Payment Account information of any changes.

We will use reasonable efforts to make your Scheduled Payments properly. We incur a liability and an obligation to complete your transaction when a transaction is either authorized by the bank issuing your credit or debit card, or when a transaction is originated in the Fed system in the case of an ACH payment. This liability is extinguished when funds settle in the account designated by your landlord or other designated recipient.

Special Circumstances:

We will attempt to process your payment as instructed, however, our liability will be reversed if we are unable to complete any Scheduled Payment initiated by you due to a processing failure driven by any one or more of the following circumstances:

1. The payment processing center is not operating properly and you know or have been advised by us about the malfunction before you execute the transaction; and/or
2. If a Biller that makes available to you split-payment functionality (in which your Bill Payment may be split and allocated in various ways that such Biller may offer) does not split and/or allocate the payment in accordance with your Payment Instruction; and/or
3. You have not provided us with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or
4. Circumstances beyond our control (such as, but not limited to, fire, flood, failure of communication or other systems or interference from party outside our control) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

2.7. Insufficient funds and Credit Card Chargebacks

If after funds have settled with your landlord, PMC, etc., it is later determined that you did not have sufficient funds to make the payments, or the payment is charged back, you agree that we are not responsible for fees or charges associated with any overdraft or insufficient fund situation (including, but not limited to, finance charges, late fees or similar charges). You further agree that we may charge a Return fee of $35 (THIRTY FIVE DOLLARS) for any returned payment, including, but not limited to, Returns resulting from overdraft or insufficient funds in your account. We may adjust this Return fee in the sole exercise of our discretion.

2.8. Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including scheduled payments) by following the instructions within the Service. There is no charge for canceling or editing a Scheduled Payment in accordance with these instructions. For same day cancellation requests please contact RealPage Payments Services Customer Support at 1-855-473-7729 by 4:30pm CST M-F. Once we have begun processing any Bill Payment, you cannot cancel or modify the Bill Payment.

2.9. Stop Payment Requests

You may be able to stop payment of any Scheduled Payment by notifying the bank or other financial institution where your Payment Account is located. The Service is neither responsible nor liable for your stop payment request or for the bank or financial institution handling of your stop payment request. However, we will continue to charge your Payment Account for that payment and for other scheduled payments until the expiration date you set for the payments or the date you cancel the scheduled payments through the Services, whichever occurs sooner. It is your responsibility to stop any scheduled payments by accessing the Site. If any charge to your Payment Account is rejected or returned to us because you have instructed your bank or financial institution to stop the scheduled payment, we will charge you the Return fee as set forth in the Agreement.

2.10. SMS Text Messages and Notifications

Users of the Service may elect to receive SMS (short message service) text messages relating to the Service. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. You represent that you are the owner or Authorized User of the mobile or cellular device you designated when you enrolled in the mobile Service and that you are authorized to approve any applicable charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information with the Service and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.

2.11. User Profile Information

You agree to promptly update all your user profile information, including, but not limited to, name, physical address, e-mail address and Payment Account information. We are not responsible for any payment processing errors or fees if you do not update your account information, or if you do not provide accurate Payment Account or contact information.

2.12. Your Liability for Unauthorized Transfers

If you believe your password or other means of access to your Payment Account has been lost or stolen, you must notify us at once in accordance with the methods described in the Agreement. In addition, you agree to access the Site and change all necessary personal and financial information.

2.13. Convenience Fees and Additional Charges

In using the Service, you agree to pay the Convenience Fee and any other applicable charges (including but not limited to fees associated with insufficient funds, overdrafts, late fees, and other charges) and authorize the Service to deduct such charges from your designated Payment Account.

2.14. Failed or Returned Transactions

In using the Service, you are authorizing the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to make the Bill Payment), the Bill Payment transaction may not be completed. In some instances, you will receive a notice from the Service. In each such case, you agree that:

1. You will reimburse us immediately upon demand for any Bill Payment amount that has been remitted to the Biller; and/or
2. You will be assessed by us a Return fee as set forth herein if the transaction is returned because you have insufficient funds in your Payment Account for the requested Bill Payment. You hereby authorize us to deduct this amount from your designated Payment Account by ACH debit. In addition, you may be assessed fees by your financial institution as a result of any Returns, separate from and in addition to any fee assessed by the Service; and/or
3. You will reimburse us for any fees or costs we incur in attempting to collect the amount of the return from you and/or
4. You authorize us to report the facts concerning the Return to any credit reporting agency.

3. GENERAL TERMS AND CONDITIONS APPLICABLE TO THE SERVICES

3.1. Your Privacy

Protecting your privacy is very important to us. Please review the Privacy Policy, available at https://www.realpage.com/privacy-policy/ to understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

3.2. Password and Security

If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Services are offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided or made available such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Service without your consent, you must inform us at once by contacting us as described below. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

3.3. Third Party Site Content and Links

Unaffiliated content and links to other sites may be provided by third parties on the Site through which the Service is offered. Company is not responsible or liable for any acts or omissions created or performed by these third parties. We do not endorse, sponsor or recommend such content or sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other content, link, or site, and make no representations concerning such content.

3.4. Exclusions of Warranties

YOUR USE OF THE SERVICE, THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SERVICE, THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE AND THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY (INCLUDING ANY AFFILIATE) REPRESENTS OR WARRANTS THAT THE SERVICE, THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE, THE SITE, OR THE SERVER THAT MAKES BOTH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

3.5. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE PERIOD DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, COMMUNICATION SERVICES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.

IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT PROCEEDING AS DESCRIBED IN SECTIONS 3.10-3.12 BELOW WITHIN TWO YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.

3.6. Complete Agreement, Severability, Captions, and Survival

This Agreement sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Exclusion of Warranties, Limitation of Liability, Waiver of Class Action Claims, Law and Forum for Disputes, Indemnification, Release, Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnity and the Other Provisions sections any payment obligation to us you may have as of the date of termination of this Agreement shall survive the termination of this Agreement.

3.7. Amendments

We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version of this agreement on this website. The revised version will be effective at the time it is posted unless otherwise expressly stated in the revision. Continued use of the Service after posting of an amended Agreement or fees will constitute your agreement to such amendments. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service’s more recent revisions and updates. We also reserve the right to terminate the Service in its entirety. You authorize us to send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you.

3.8. Disputes

In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. If you dispute a Bill Payment made from a Payment Account that is a credit card account, you acknowledge that you must address such dispute (including, but not limited to, chargeback or fraud) with your credit card company; we are not responsible for any research or resolution of such credit card payment disputes. If there is a conflict between the terms of this Agreement and a representation made by our employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.

3.9. Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

3.10. Waiver of Jury Trial

Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under or relating to this Agreement.

3.11. Law and Forum for Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You hereby consent to the jurisdiction of the state courts of Texas and the federal courts within the state with respect to any claim relating to this Agreement.

3.12. Indemnification

You agree to defend, indemnify and hold harmless us and our Affiliates and service providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Service.

3.13. Release

If you have a dispute with one or more Billers or other users of the Service, you release us and our Affiliates and service providers and the employees and contractors of each of these, from any and all claims, demands and damages (direct, indirect, special or consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either by:

1. Section 1542 of the California Civil Code, which reads: “Section 1542. General release; extent, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;” or
2. Any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code, or its successor legislation.

3.14. Waiver & Severability

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

3.15. Intellectual Property

All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing (as to all of the foregoing, including without limitation, any copyright, patent or trade secret appurtenant thereto or embodied therein), is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty- free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

3.16. Notices to You

You agree that we may provide notices to you by posting them on the Site, sending them to you through an in-product message within the Service, emailing them to an email address that you have provided us, sending them via text message to any mobile number that you have provided us, or by mailing them to any postal address that you have provided us. All notices by any of these methods shall be deemed received by you no later than 24 hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three Business Days after it is mailed. It is your sole responsibility to ensure that your contact information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Service and check for notices. You are responsible for ensuring timely payment of all bills. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described herein, however, we reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications. We reserve the right to charge you a reasonable fee not to exceed $20(TWENTY DOLLARS) to respond to each such request for a paper copy of legally required disclosures.

3.17. Errors, Questions, and Complaints about the Services

ALL QUESTIONS ABOUT TRANSACTIONS MADE USING THE SERVICE MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION. The Site provides a periodic statement listing Bill Payments transactions that you make using the Service. The transactions will appear only on the statement issued by your bank or other financial institution. PRINT AND SAVE ANY PAYMENT CONFIRMATIONS YOU RECEIVE WHEN YOU USE THE SERVICE AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about the Service or one of your transactions (including if you believe there may have been an error in connection with the Service or a transaction), or if you believe your password or other means of access to your account associated with the Service has been lost or stolen, then you should either:

1. Telephone us as soon as possible at 1-855-473-7729 during customer care hours, Monday through Friday 8:00 am to 5:00 pm CST, provided such telephone calls will not constitute legal notices under this Agreement, and/or
2. b. Except as otherwise stated in this Agreement, written notice to us concerning the Site or the Service can be sent by postal mail to: RealPage Payments Services LLC, 2201 Lakeside Blvd. Richardson, TX 75082. In addition, written notice can be sent by email to: RealPagePaymentsServices@realpage.com.

If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. You must contact us no later than 60 days after the transaction is posted for which you have any question. Therefore, it is important for you to contact us immediately. If you notify us verbally, we may require that you send your inquiry in writing within 10 Business Days after your verbal notification. We will use reasonable efforts to provide to you the results of our investigation within 10 Business Days after we hear from you, and will correct any error. However, if we require more time to confirm the nature of your inquiry or question, we reserve the right to take up to 45 days to complete our investigation. If we elect to do this, we will provisionally credit your Payment Account within 10 Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

3.18. Service Termination, Cancellation or Suspension

In the event you wish to cancel the Service, you may do so by contacting customer service at 1-855- 473-7729 Monday through Friday 8:00 am to 5:00 pm CST, which is a Business Day. We may terminate this Agreement at any time upon notice to you, which may be delivered via e-mail to your e-mail address reflected in our records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect your obligation to pay us any fees or charges already due to us from you. Any Scheduled Payments processed before the requested termination date will be completed by the Service. All Scheduled Payments including scheduled payments will not be processed once the Service is cancelled. The Service may be terminated or suspended to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

3.19. Right of Offset

ANY REPRESENTATIONS OF UNSETTLED OR IN-TRANSIT ASSETS OR LIABILITIES IN COMPANY FINANCIAL STATEMENTS ARE INCLUDED FOR REPORTING PURPOSES ONLY. Accordingly, the Company has the right but not the obligation to offset any unsettled, in-transit payment against any assumed liability to forward the payment in transit against one another. This right does not interfere with any other rights, duties, and or other obligations either party assumes as part of your transaction.”

3.20. Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of 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, 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.