Terms of Use

Welcome to MyNewPlace.com (“MyNewPlace”), owned and operated by LeaseStar, LLC, a subsidiary of RealPage, Inc. (with all of its subsidiaries, “RealPage”).  By accessing or using MyNewPlace, its associated products or services, its mobile applications or any content therefrom (collectively, the “Services”) (those accessing or using MyNewPlace or the Services shall be referred to individually as a “User” and collectively as “Users”), you (on your own behalf and on behalf of any company or other legal entity that you represent or for which you access or use MyNewPlace or the Services) agree to be bound by the following terms of use, which are subject to change by RealPage at any time without prior notice (the “Terms of Use”).

If you do not agree to these Terms of Use, you may not access or use the Services.  So please read these Terms of Use carefully.

PRIVACY

By using the Services, you consent to the collection and use of certain information in accordance with RealPage’s Privacy Policy.

SITE CONTENT

The content displayed on MyNewPlace, including all text, data, information, photos, videos and images, the manner of display, and underlying software, is protected by copyright, trademark, patent and other intellectual property rights owned by RealPage and its affiliates, and/or their licensors.  So long as you are not a competitor of RealPage, you are granted the limited and nonexclusive right and license to access MyNewPlace solely for your personal and non‑commercial use.  If you are an individual real estate or lending professional acting in your professional capacity, you may access MyNewPlace for commercial use (to provide information to consumers via the Services) that is strictly limited to individual transactions done on your own behalf.  You are prohibited from reproducing, creating derivative works from, selling, licensing, publishing, distributing, modifying, decompiling, disassembling, aggregating, reverse engineering, publicly displaying or otherwise using any portion of MyNewPlace or the Services in any other way or for any other purpose without receiving RealPage’s express written permission.

If you are a competitor of RealPage, you may not access MyNewPlace for any purpose without first obtaining RealPage’s express written permission.  For this purpose, a competitor of RealPage includes (among others) any person or entity that directly or indirectly provides (or whose affiliate provides) websites, products or services that compete with, or could be marketed as an alternative to, the Services or any other websites, products or services offered from time to time by or on behalf of RealPage.  MyNewPlace is not offered as a source for other Internet listing services, or other direct or indirect competitors of RealPage, to collect content to be used in competition with MyNewPlace or any other website, product or service of RealPage.  If you have any questions about this restriction, including whether you qualify as a competitor of RealPage, you are encouraged to reach out to our legal department at legal@realpage.com.

MyNewPlace includes content posted or transmitted by third parties—potentially including forums, blogs, reviews, comment areas, bulletin boards and chat rooms that are intended to provide Users 18 years of age and older a forum to express their opinions and share their ideas.   RealPage does not endorse the accuracy or reliability of any advice, opinion, statement or information posted by any third party on MyNewPlace.  This content is the sole responsibility of the providing third party and you agree that RealPage will not be liable for any content posted or transmitted by you or any other third party.  RealPage, however, reserves the right to review, reject, delete, remove, modify, or edit any content at any time for any reason, without liability and without notice to you.

USER CONTENT

Unless otherwise provided in a written agreement with you signed by RealPage, by uploading, submitting, or sending content (including, without limitation, photos, video, data or other materials) directly to or through MyNewPlace, you grant to RealPage a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, host, copy, modify, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such content in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You also grant to RealPage a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the content.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to RealPage that: (a) you have all necessary authority, rights and permissions to submit any content you have provided and to grant the licenses described in these Terms of Use; (b) the content you submit is accurate, current, complete and not misleading; (c) the content you submit and your use of MyNewPlace does not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of any third party, including, but not limited to, any rights of privacy or publicity or any contractual rights; (d) the content you submit and your use of MyNewPlace does not violate any applicable law or regulation and will not cause injury to any person or entity; (e) your use of MyNewPlace does not violate any agreements between you and any third party; and (f) you are of legal age to form a binding contract and are not a person barred from receiving any MyNewPlace Services or products under the laws of the United States or any other applicable jurisdiction.

INDEMNIFICATION

You agree to indemnify and hold RealPage, and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, losses, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the content you submit to MyNewPlace, (b) your use of MyNewPlace or any Services, (c) your breach of these Terms of Use, and (d) any actual, prospective, completed or terminated purchase, sale, lease or other transaction between you and a third party relating to MyNewPlace or the Services.

PROHIBITED ACTIVITIES

You are not permitted to access or use MyNewPlace or the Services for any of the following:

·         engaging in activity or submitting content that is patently offensive or volatile, such as content promoting racism, terrorism, bigotry, hatred or physical harm of any kind against any group or individual;

·         engaging in activities or submitting content that could be harmful to minors;

·         engaging in activity or submitting content that harasses or advocates harassment of another person;

·         engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about MyNewPlace’s Users (including information that can be used to distinguish or trace an individual’s identity such as name, social security number, phone number, address, or email address) without their consent;

·         engaging in activity, or submitting content, or promoting information that is false, misleading or promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

·         engaging in activity that is competitive to RealPage, or for the purpose of providing, disclosing or transmitting any portion of MyNewPlace or the Services to any direct or indirect competitor of RealPage (including (among others) any person or entity that directly or indirectly provides (or whose affiliate provides) websites, products or services that compete with, or could be marketed as an alternative to, the Services or any other websites, products or services offered from time to time by RealPage, or any of their employees, independent contractors or agents); 

·         submitting content that contains restricted or password only access pages, or hidden pages or images;

·         submitting content that displays pornographic or sexually explicit material of any kind;

·         submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

·         submitting content that contains viruses, Trojan horses, worms, or any other similar forms of malware;

·         engaging in activities or submitting content that solicits passwords or personally identifiable information for unlawful purposes from other Users;

·         impersonating another User or otherwise misrepresenting your affiliation with another User or entity, or attempting to hide or disguise your identity;

·         engaging in unauthorized commercial activities and/or sales without RealPage’s prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;

·         using any robot, spider, crawler, deep-links, data-mining, data-gathering , extraction tool, or other automatic device or manual process to monitor, copy, harvest, gather or “scrape” the web pages or the content contained in MyNewPlace or for any other unauthorized purpose (As a limited exception, publicly available general purpose search engines and non-commercial public archives may query MyNewPlace for the sole purpose of providing an index with links to MyNewPlace, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with RealPage’s applicable policies and procedures in effect from time to time, and only to the extent such unlicensed “fair use” is permitted by applicable copyright law.  “General purpose search engine” does not include a website or search engine or other similar service that specializes in classified listings or in any subset of classified listings such as housing, apartments or rentals.  Search engines and non-commercial public archives are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human Users.);

·         using any device, software, or routine to interfere or attempt to interfere with the proper working of MyNewPlace;

·         decompiling, reverse engineering, or disassembling the software underlying MyNewPlace or the Services, or attempting to do so; or

·         taking any action that imposes an unreasonable or disproportionately large load on MyNewPlace or its hardware and software infrastructure.

By accessing or using MyNewPlace, its content or the Services, you acknowledge and agree that RealPage has the right to investigate potential violations of these TOU, including (among other things) as it relates to intellectual property infringement and other prohibited use of MyNewPlace, its content or the Services.  Accordingly, you grant RealPage permission to take reasonable action, as necessary, to monitor, investigate, evaluate and ensure your compliance with these TOU.

THIRD PARTY SERVICES

As a part of the Services, RealPage may provide links from MyNewPlace to third-party websites.  RealPage does not operate or control such third–party websites, does not review or investigate them for accuracy or otherwise, and is not responsible for the content or services available through them or the acts or omissions by their operators.  RealPage’s inclusion of a link to any third-party website does not imply any endorsement or sponsorship of the website, its operator or the services provided.  If you decide to leave MyNewPlace and access any third-party website, you agree that you do so at your own risk and that RealPage is not undertaking any obligation or liability relating to your access to or use of any third-party website or the content thereon.

SOCIAL MEDIA LOG-IN INTEGRATION

You may elect to log-in to your MyNewPlace account using third-party social media web-based services such as Facebook®, LinkedIn®, and Twitter®. By choosing this method of account access, you give RealPage permission to access and use your information as provided and permitted by that third-party service, and to store your log-in credentials for such service. You are responsible for maintaining the security of your MyNewPlace account log-in information and for any activities or actions occurring under your account. RealPage encourages you to use a “strong” password (for example, by using a combination of upper and lower case letters, numbers and symbols) for your account. RealPage will not be responsible for any loss or damages resulting from your use of third-party social media log-in functionality or failure to comply with the obligations in these Terms of Use.

TENANT REVIEWS

RealPage allows tenants to provide and publish written reviews through MyNewPlace consisting of opinions about apartments listed in MyNewPlace.  RealPage does not filter or actively censor these reviews but we reserve the right to remove a review (or a portion thereof) to the extent it violates these Terms of Use.  If you become aware of a review that violates these Terms of Use, RealPage encourages you to let us know by contacting us at legal@realpage.com and providing a specific description of the review at issue and an explanation for why you believe the review violates these Terms of Use.  RealPage will not honor all requests for removal.  Many comments posted in the form of a review are highly opinionated; however, a negative opinion or review will not necessarily be removed unless and until it is proven by you to be a false statement of fact.

SERVICE CHANGES

RealPage reserves the right—with or without notice to you—at any time to change, modify or discontinue any Service or portion thereof, or the offering of any information, good, content, product or service. RealPage shall have no liability to you or any third party if RealPage modifies or discontinues any Service or portion thereof.

REGISTRATION WITH MYNEWPLACE

By completing your registration with MyNewPlace as a potential renter, you represent and agree that:

  1. You are of legal age and are otherwise capable of forming a legally binding contract;
  2. You are interested in renting or leasing residential property in the United States or Canada;
  3. You do not have an exclusive contractual or other arrangement with any Real Estate licensee to represent you;
  4. You agree to be contacted via email and other means by RealPage, and third parties, if relevant, regarding MyNewPlace Services;
  5. You acknowledge that RealPage recommends the independent use of all appropriate government, public, consumer and other agencies or sources to verify any property before entering into a lease or rental agreement and that RealPage makes no representations or warranties about any property listed in MyNewPlace.

TERMINATION

RealPage reserves the right in its sole discretion, and without any prior notice, to terminate your access to MyNewPlace for any or no reason. You may unsubscribe from any further communication from MyNewPlace at any time by visiting this page and entering your email address:  http://www.mynewplace.com/unsubscribe .  You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the MyNewPlace emails.

DMCA TAKE DOWN PROCEDURE

It is the policy of RealPage to respond to claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (”DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for MyNewPlace:

RealPage, Inc.
4000 International Parkway

Carrollton, TX 75007
USA
Phone: 800.689.5388
Fax: 415.538.0806
Email: DMCA@realpage.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

DISCLAIMERS AND LIMITATIONS

YOU AGREE THAT YOUR USE OF MYNEWPLACE, ITS CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK.  MYNEWPLACE AND ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” REALPAGE, ITS AFFILATES AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO MYNEWPLACE AND ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. REALPAGE, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY APARTMENT OR PROPERTY LISTED ON MYNEWPLACE (INCLUDING, WITHOUT LIMITATION,  AS TO OWNERSHIP, AVAILBILITY, CONDITION, SUITABILITY, RENT AMOUNT, ACCURACY OR COMPLETENESS OF DESCRIPTION, LEASE TERMS, OR ANY FEES). ANY AND ALL CONCERNS, ISSUES OR DISCREPANCIES REGARDING ANY APARTMENT OR PROPERTY MUST BE ADDRESSED WITH THE APPLICABLE LANDLORD OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING. 

REALPAGE, ITS AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF MYNEWPLACE OR ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS AND SERVICES.   THIS INCLUDES, WITHOUT LIMITATION, DAMAGES OR INJURIES ARISING OUT OF ANY DELAY OR INABILITY TO ACCESS OR USE MYNEWPLACE, ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH MYNEWPLACE, OR OTHERWISE ARISING OUT OF THE USE OF MYNEWPLACE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF REALPAGE, ITS AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS AND CONTRACTORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MYNEWPLACE OR ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO REALPAGE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ARISES. YOU AND REALPAGE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO MYNEWPLACE OR ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS OR SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CLAIM ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. YOU AGREE THAT THE FOREGOING LIMITATIONS ARE A MATERIAL ELEMENT OF THE BARGAIN BETWEEN REALPAGE AND YOU.

Some jurisdictions do not permit the exclusion or limitation of certain damages or warranties, so the foregoing exclusions or limitations may not apply to you.

BROKER LICENSING

LeaseStar, LLC does not broker, lease or sublease apartments directly and is not a party to any transaction between landlords and tenants. Notwithstanding the foregoing, LeaseStar, LLC is licensed to conduct real estate brokerage activity in the following states: Alabama, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah Virginia, Washington, West Virginia and Wisconsin.

OTHER TERMS

The laws of the State of Texas, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use and your use of MyNewPlace and the Services.  All claims arising out of or relating to these Terms of Use, or your use of MyNewPlace or the Services, will be litigated exclusively in the federal or state courts of Dallas County, Texas, and you and RealPage consent to personal jurisdiction in those courts.

These Terms of Use, together with RealPage’s Privacy Policy and any other legal notices published by RealPage on MyNewPlace, shall constitute the entire agreement between you and RealPage concerning your use of MyNewPlace and the Services. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect. No waiver by RealPage of any right to enforce these Terms of Use shall be deemed a further or continuing waiver of such right, and RealPage’s failure to assert any right under these Terms of Use shall not constitute a waiver of such right.

RealPage reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of MyNewPlace following any amendment of these Terms of Use will signify your assent to and acceptance of the revised terms.

These Terms of Use govern the relationship between RealPage and you relating to MyNewPlace and the Services.  They do not create any third party beneficiary rights.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All rights not expressly granted by RealPage herein are reserved.

While MyNewPlace is operated in compliance with all state and federal housing laws, we are not responsible for the actions of any of the property owners featured on this site. Please see our Equal Housing Opportunity Policy.

©2016 RealPage, Inc.  All rights reserved.

These Terms of Use were last updated on December 1, 2015.