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REALPAGE PAYMENTS SERVICES - PAYOR TERMS

Last Updated: December 10, 2024

These terms (the “Terms”) govern your access to and use of the RealPage Payment Services ("RP Payments") provided by RealPage Payment Processing Services, Inc. (“RealPage” "we" "us" or "our").
Please carefully read these Terms before accessing and using RP Payments.  By accessing and using RP Payments, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, then you may not access or use RP Payments.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS, INCLUDING A DISPUTE RESOLUTION AGREEMENT (SEE SCHEDULE A AT THE END OF THESE TERMS, 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. UPDATES

We may update these Terms at any time and we recommend that you review these Terms periodically for any changes. If we update these Terms, we will post the revised Terms and update the “Last Updated” date within these Terms. If we determine, in our sole discretion, that an update to these Terms is material, we may notify you by sending an email to the address associated with your use of RP Payments (if you have provided an email address) or by otherwise providing you with notice through RP Payments.  Regardless of notification, your continued access to or use of RP Payments on or after the Last Updated date will constitute your acceptance of the updated legally-binding Terms.

2. RP PAYMENTS SERVICES

RP Payments enables you to make online electronic payments to the owner or manager of your property (as applicable, the “Payee”). Each payment you submit through RP Payments constitutes a payment by you (as the “Payor”) directly to the Payee. RealPage is acting as the Payee’s authorized agent for the limited purpose of processing and receiving payments from you on Payee’s behalf, and Payee has expressly authorized RealPage to receive such funds through RP Payments.

3. YOUR RELATIONSHIP WITH REALPAGE

Except for our limited role in processing each payment that you authorize or initiate through RP Payments, RealPage is not involved in any underlying transaction between you and any Payee. For clarity, and without limitation, RealPage (i) is not a bank and does not offer any banking services; (ii) is not an agent in connection with the leasing of your apartment unit; and (iii) has no control whatsoever relating to the quality, fitness, safety, legality or any other aspect of your lease transaction or relationship with any Payee.

4. RP PAYMENTS REGISTRATION PROCESS

In order to use RP Payments, you must first register to create an account and become an authorized user in accordance with these Terms. To become and remain an authorized user, you authorize RealPage, directly or through third parties, to make any inquiries we deem necessary (in the exercise of our discretion) to help verify or check your identity or prevent fraud. This may include, without limitation, asking you to provide a form of government identification, or to verify your date of birth, address, and other information we deem necessary to validate your identity and ownership of payment accounts.

5. ACCOUNT SECURITY

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You acknowledge that your account is personal to you and that you are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third-party.  You are responsible and liable for activities conducted through your account and must immediately notify RealPage if you suspect that your credentials have been lost, stolen or misused, or that your account is otherwise compromised.  We reserve the right to disable your credentials at any time in our sole discretion, for any or no reason, including if you violate any provision of these Terms.

6. LIMITED LICENSE

Subject to your ongoing compliance with these General Terms, and all applicable laws, rules and regulations, RealPage grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license to access and use RP Payments for your personal, non-commercial purposes.  RealPage reserves all rights in and to RP Payments not expressly granted to you under these Terms.  For clarity, you may not (without limitation):

  1. Damage, disable, overburden, or impair RP Payments (or any server or networks connected to RP Payments);
  2. Transfer, sublicense, lease, lend, rent, sell, or otherwise distribute RP Payments, or any features or functionality of RP Payments, including access to your account associated RP Payments, to any third party;
  3. Archive, copy, modify, disassemble, decompile, manipulate or reverse engineer any portion of RP Payments;
  4. Use RP Payments in a way that violates any law, statute, ordinance or regulation;
  5. Use RP Payments in association with 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. Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful to RP Payments or RealPage;
  7. Use any robot, spider or other automatic device, process or means to access RP Payments for any purpose, including monitoring or copying any of the material relating to RP Payments;
  8. Use any device, software, or routine that interferes with the proper working of RP Payments or otherwise attempt to interfere with the proper working of RP Payments;
  9. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of RP Payments, a server on which RP Payments is stored, or any server, computer or database connected to RP Payments;
  10. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting RP Payments;
  11. Remove or alter any trademark, logo, copyright, watermark, metadata or other proprietary notices in or on RP Payments;
  12. Represent that you own any portion of RP Payments;
  13. Access, search, collect, use, reproduce, or distribute any material or data from RP Payments by any means (automated or otherwise), except as permitted by these Terms, for the purposes of training artificial intelligence or other technologies; or
  14. Make use of RP Payments other than as intended and expressly permitted under these Terms, or in a manner that is competitive with or harmful to RealPage or our affiliates.

7. INTELLECTUAL PROPERTY

RP Payments (including without limitation the software, content, visual interfaces, interactive features, information, graphics, design, compilation and computer code) were created, compiled, prepared, selected, developed and arranged by RealPage through the expenditure of substantial time, effort and resources.  RP Payments is the property of RealPage, our affiliates and our and their licensors, and is protected by (as applicable) copyright, trademark, patent, trade secret, trade dress, moral rights and other intellectual property laws and treaties.  You have no ownership interest (in whole or in part) in RP Payments and no proprietary interest or right of title is transferred to you under these Terms, or by your access to or use of RP Payments whether by implication, estoppel, or otherwise.

RealPage, our logo, and any other product or service name or slogan contained in RP Payments constitute 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 used in conjunction with RP Payments 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.

8. USER CONTENT

If you upload or post any content to RP Payments (such as images, video, audio or text) (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; (v) the User Content does not contain material that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vi) the User Content does not contain content that is, or may be reasonably considered to be, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other legally protected class; (vii) the User Content complies with these Terms, and all applicable laws; (viii) you will not impersonate any person or misrepresent your identity or affiliation with any person or organization; (ix) you will not represent or suggest that the User Content comes from or is endorsed by RealPage or any third-party, if this is not the case; and (x) the User Content does not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. RealPage reserves the right, in our sole discretion, to remove (or demand that you remove) any User Content at any time and for any reason, including for violating any of the foregoing.

By uploading or posting User Content to RP Payments, you authorize RealPage to use, reproduce, modify, adapt, store, tag, publish, translate, create derivative works from, distribute, perform and display such User Content for (i) the support, provision, operation, maintenance and enhancement of RP Payments; and (ii) any other purposes expressly authorized by you.
You acknowledge and agree that RealPage is not a data repository for any of your User Content, and that you are solely responsible for backing up your User Content and keeping and maintaining such information or documentation in your personal records.

9. THIRD-PARTY SERVICES

RP Payments may display, include, or make available certain third-party functions, features, content or services, or provide links to third-party websites or services that are not provided or managed by RealPage (collectively, the “Third-Party Services”). You acknowledge and agree that your access to and use of any Third-Party Services is solely governed by any applicable terms and conditions between you and the applicable third-party provider.  RealPage is not a party to any agreement between you and any third-party provider, and is not responsible, and may not be held liable, for any such Third-Party Services (including any issues relating to accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof).  Access to any Third-Party Services is provided solely as a convenience to you, and your access to and use of any Third-Party Services is entirely at your own risk.  Although RealPage attempts to provide accurate descriptions and pricing relating to such Third-Party Services, RealPage does not warrant that the descriptions and pricing are accurate, complete, reliable, current or error-free, and you should confirm any such information with the applicable Third-Party Services provider.

10. PAYMENT AUTHORIZATION

You authorize RealPage to hold, receive and disburse funds in accordance with your payment instructions. When you submit a payment transaction through RP Payments, you authorize us to debit or credit your designated payment account (ACH, credit card or debit card) and transfer such funds to the designated Payee. RP Payments processes your payment and any applicable fees in accordance with your lease and the Payee’s resident portal policies. You agree that anyone you authorize to use your RP Payments account may use RP Payments on your behalf and that you will be responsible for any payments made by such person. You understand that an ACH authorization will remain in full force and effect unless and until you cancel your payment(s) within the portal through which RP Payments is made accessible to you at least one Business Day prior to the processing date (“Business Day” means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are closed).

11. TRANSACTION HOLDS, DELAYS AND REJECTIONS

We may delay, suspend or reject a payment transaction submitted through RP Payments for any reason.  This includes, without limitation, if we suspect the transaction (i) may subject us to any financial or security risk; (ii) is unauthorized, fraudulent, suspicious, unlawful, or in violation of these Terms; or (iii) is otherwise subject to dispute or chargeback.

12. PAYMENT SCHEDULING

You must select a scheduled payment date (i.e., the day that you want your payment account to be debited) for each payment transaction processed through RP Payments (the “Scheduled Payment Date”). The selected Scheduled Payment Date must be at least one Business Day prior to the actual Due Date (defined as the date that your payment is due—not including any applicable grace period). If you fail to timely select a Scheduled Payment Date or select a Scheduled Payment Date that occurs after the Due Date, then RealPage is not responsible for any late charges or related penalties that you may incur relating to the Payee.

For clarity, (i) ACH payment transactions received by RealPage after 7:59 pm CT will be processed on the following Business Day; and (ii) Card payment transactions received by RealPage after 11:59 pm CT will be  processed on the following Business Day.

13. PAYMENT DISPUTES

If a dispute arises between you and Payee relating to any payment transaction RP Payments has processed, you understand and agree that RealPage is not responsible or liable for intervening in or resolving such dispute. You must resolve any such dispute directly with the applicable Payee in accordance with any terms between you and such Payee—such as the terms of your lease. RealPage may, in our sole discretion, suspend or cancel a payment transaction in process prior to settlement to a Payee, but we have no obligation to do so.

14. PROCESSING ERRORS

If RealPage is made aware of an error in the processing of any payment transaction you have submitted through RP Payments, then you authorize us to debit or credit your designated payment account, as applicable, to correct such error.

15. PAYMENTS-RELATED COMMUNICATIONS

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

16. CUSTOMER SERVICE AND SUPPORT

You understand and agree that RealPage is not responsible for providing customer service and support directly to you relating to any payment transaction you submit through RP Payments. If you have any questions relating to a payment transaction you have submitted through RP Payments, you must contact the applicable Payee for assistance. Any matters that require escalation by such Payee to RealPage will be handled directly between us and the Payee, and the Payee will be responsible for communicating any resolution or required steps to you.

17. YOUR REPRESENTATIONS AND WARRANTIES

As Payor, you represent and warrant to us that: (i) you are at least 18 years old, and capable of (a) performing under these legally-binding Terms and (b) granting the rights, licenses, and authorizations provided herein; (ii) any information you provide to us is accurate and complete (including, without limitation, any information you provided when registering for RP Payments); (iii) you will fulfill all of your obligations pursuant to each payment transaction you submit to a Payee through RP Payments, and will resolve any payment dispute directly with such Payee; (iv) you will comply with all laws, rules, orders, regulations and requirements applicable to any payment transaction processed through RP Payments; and (v) you will not use RP Payments to commit fraud or in any manner that interferes with, damages, disables, or impairs its use or function. You acknowledge that RealPage is relying on your representations and warranties as an express condition of providing you with access to RP Payments. If you provide information that RealPage reasonably suspects is inaccurate or incomplete, RealPage may, without limiting any other remedies, immediately and without notice suspend or terminate your access to RP Payments.

18. PRIVACY POLICY

RP Payments is made available to you by the owner or manager of your property, and RealPage operates as a “service provider” or “processor” under applicable privacy laws. For a disclosure of privacy practices associated with your property, please refer to the privacy policy maintained by the owner or manager of your property.

19. UNCLAIMED PROPERTY

If RealPage is unable to credit (for example, as a refund) the payment account you used to make a payment, and the funds are deemed abandoned under applicable unclaimed property laws, we will send such funds to the appropriate state or jurisdiction.

20. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS REALPAGE, OUR AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, DAMAGES, JUDGMENTS, TAX ASSESSMENTS, PENALTIES, INTEREST, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING OUT OF ANY THIRD-PARTY CLAIM, ACTION, AUDIT, INVESTIGATION, INQUIRY, OR OTHER PROCEEDING RELATING TO: (A) ANY ACTUAL OR ALLEGED BREACH OF YOUR REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS SET FORTH IN THESE TERMS, (B) YOUR WRONGFUL OR IMPROPER USE OF RP PAYMENTS, OR (C) ANY PAYMENT TRANSACTION SUBMITTED BY YOU THROUGH RP PAYMENTS. 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.

21. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, RP PAYMENTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED).  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALPAGE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), MERCHANTABILITY, ERROR-FREE NATURE, TITLE, QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.  REALPAGE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION, SERVICES OR FEATURES AVAILABLE THROUGH RP PAYMENTS, OR THE QUALITY OR CONSISTENCY OF RP PAYMENTS.  THIS WARRANTY DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

22. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF RP PAYMENTS REMAINS WITH YOU. TO THE EXTENT REALPAGE IS FOUND LIABLE UNDER THESE TERMS, YOU AGREE TO THE FOLLOWING: UNDER NO CIRCUMSTANCES WILL REALPAGE, OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES OR BUSINESS REPUTATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF RP PAYMENTS, EVEN IF REALPAGE IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  IN NO EVENT WILL THE AGGREGATE LIABILITY OF REALPAGE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF RP PAYMENTS, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT THE AMOUNT OF THE PAYMENT TRANSACTION THAT IS THE SUBJECT MATTER OF THE CLAIM.

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.  THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF THE LIMITED REMEDIES HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.  ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR RP PAYMENTS MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CLAIM ACCRUES, OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

23. SMS TEXT ALERTS AND OTHER SERVICES-RELATED NOTIFICATIONS

You understand and agree that by providing us with your mobile phone number you consent to being contacted at that number by a person, and via prerecorded voice messages and automatic telephone dial devices relating to RP Payments.  You also consent to receiving RP Payments-related emails to any email address that you provide.  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 regarding information, resources, and marketing materials related to RP Payments in the form of: operational alerts and reminders from your property management company, marketing communications and information for RP Payments services available for your property, and digital tools and other communication materials.

  1. Enrollment and Consent.  If SMS Service is made available to you through RP Payments, by providing your mobile phone number(s) and opting in to the SMS Service:
    1. You authorize RealPage and your property management staff to send text messages to the mobile phone number(s) included in your RP Payments profile.
    2. You acknowledge and agree that your completion of the online registration process 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. You acknowledge the number of non-solicited text messages received from the SMS Service may vary. If you have opted in to receive marketing communications and information for Services available for your property, then you expressly consent to receive non-solicited text messages related to these topics.

      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.
  2. 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.
  3. 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. Wireless carriers are not liable for delayed or undelivered messages. Message and data rates may apply.

24. GOVERNING LAW AND VENUE

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 that is not subject to Schedule A (Dispute Resolution Agreement), or for entry of any judgment relating to an arbitration award issued pursuant to Schedule A (Dispute Resolution Agreement) must be brought in a state or federal court located in Dallas County, Texas.  You agree to submit to the personal jurisdiction of such courts.

25. 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 Payment Processing Services, Inc., 2201 Lakeside Blvd., Richardson, TX  75082, Attention: Legal Department. RealPage may give notice to you by means of a general notice within RP Payments or to your email address on record with RealPage. Such notice will be deemed given on the same day if posted within RP Payments or delivered in person, on the next business day if delivered by express courier or certified mail, or 12 hours after sending (if sent by email).

26. 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.

27. WAIVER

The only way a party may waive any of its rights under these Terms is through a specific written waiver by its authorized representative.  No waiver of one provision shall be interpreted as a waiver of any other provision of these Terms.

28. SURVIVAL 

The provisions of these Terms relating to (i) warranty disclaimer, (ii) limitation of liability, (iii) indemnification, (iv) limited license, (v) ownership of intellectual property, (vi) entire agreement and (vii) any other provision which by its nature is intended to survive, will survive the termination or expiration of these Terms.

29. ASSIGNMENT 

You may not assign or delegate to any third party any of your respective rights or obligations under these Terms.

30. FORCE MAJEURE

Neither party will be responsible for failure or delay of performance if caused by an act of God; act of war, hostility or sabotage; pandemic or epidemic; electrical, internet or telecommunications outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. 

31. ENTIRE AGREEMENT

These Terms incorporate the entire understanding of the parties concerning RP Payments.  No party is relying on any warranties, representations, promises or inducements not expressly stated in these Terms.  Notwithstanding the foregoing, you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of RP Payments, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for complying with such terms and payment of any and all such fees.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST IMMEDIATELY CEASE ACCESSING OR USING RP PAYMENTS.

32. RELATIONSHIP

These Terms and the RP Payments services do not create any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you and RealPage or our affiliates.

33. INTERPRETATION

The headings used in these Terms are for convenience only and will not be considered in their 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 the overall applicable terms and conditions as a whole and not to any particular provision.  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.


SCHEDULE A

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

PLEASE READ THESE TERMS CAREFULLY, THEY AFFECT YOUR LEGAL RIGHTS. These TERMS provide for resolution of most disputes and claims through individual arbitration (or group arbitration of “Common Issues” in “Mass Claims,” as these terms are defined below). Clicking “I accept” or accessing or using the online applications/leasing system/network/services provided by RealPage (as defined below) constitutes acceptance of these Dispute Resolution Terms (“Terms”) and is a binding agreement between the user (“User” or “You”) and RealPage.

THESE TERMS CONSTITUTE AN ARBITRATION AGREEMENT, CLASS AND COLLECTIVE ACTION WAIVER, AND JURY TRIAL WAIVER. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU HAVE AN OPPORTUNITY TO OPT OUT OF THESE TERMS AS SET FORTH BELOW.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on any other RealPage affiliated website, these Terms will govern as between You and RealPage relating to the subject matter of these Terms.

1.   RealPage defined: “RealPage” refers to RealPage, Inc., RP On-Site LLC, Buildium, LLC, Stratis IoT, Inc., RealPage Payments Services LLC, DepositIQ and RentersIQ Insurance Agency, LLC, NovelPay, LLC, Modern Message Inc., Chirp Systems, Inc., RealPage Utility Management Inc., RealPage Payment Processing Services, Inc., Knock, Inc., or Propertyware LLC, as applicable, and each of their respective past, present, and future parents, subsidiaries, affiliate corporations or other business entities, members, officers, directors, stockholders, employees, agents, servants, representatives, contractors, insurers, vendors, suppliers, attorneys, and assigns, whether named herein or not.

2.   Claims covered by these Terms: At either party’s election, any disputes, claims, controversies, or disagreements, whether based on past, present, or future events, between You and RealPage relating to, arising out of, or pertaining in any way to Your relationship with RealPage or to RealPage’s property owner, operator or manager customers (“Claims”) will be resolved through binding arbitration in accordance with these Terms. “Claims” should be interpreted broadly and include, but are not limited to, issues involving: lease applications, verification services, and/or tenant screening reports prepared, reviewed, or used in connection with Your rental housing or application(s) for housing; property management software, products, or services RealPage provides directly to You or to any properties that have a relationship with You; and any other services RealPage provides directly to You or to any properties that have a relationship with You. “Claims” include, but are not limited to:

  • Those that, in the absence of these Terms, would have been heard in a court of competent jurisdiction under applicable state or federal law;
  • Claims under any legal or equitable theory of liability, including claims for breach of any contract or covenant, whether express or implied, common law claims, tort claims, statutory claims, fraud/misrepresentation claims, data usage and privacy claims, information security claims, defamation claims, Fair Credit Reporting Act claims, Fair Housing Act claims, debt collection or licensing claims, and state and federal statutory claims under any provision of law regulating property management software, background checks, credit checks, consumer reports, investigative consumer reports, identify/income verifications, or analogous reports or checks; and
  • Disputes relating to the formation, interpretation, applicability, validity, scope or enforceability of these Terms, including issues that relate to the arbitrability of any Claims.

3.   Mandatory Pre-Dispute Resolution Process. You and RealPage agree to work together in an effort to informally resolve any Claims between us. The party initiating or raising the Claim (the “Claimant”) must send the other party (the “Responder”) a written notice of the Claims (a “Claim Notice”) that includes all of the following information: (1) information sufficient to identify any transaction and account at issue; (2) contact information of the Claimant (including name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Claims and the relief sought, including a calculation for the relief sought. The Claim Notice must be personally signed by the Claimant and Claimant’s counsel, if represented (“Claimant Counsel”). If You are the Claimant, You must send the Claim Notice by email to 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.