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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 usingMyNewPlace, its associated products or services, its mobile applications or anycontent therefrom (collectively, the “Services”) (those accessing or using MyNewPlaceor the Services shall be referred to individually as a “User” and collectivelyas “Users”), you (on your own behalf and on behalf of any company or otherlegal entity that you represent or for which you access or use MyNewPlace orthe Services) agree to be bound by the following terms of use, which aresubject to change by RealPage at any time without prior notice (the “Terms ofUse”).

If you do not agree tothese Terms of Use, you may not access or use the Services. So please readthese Terms of Use carefully.

PRIVACY

By using the Services, youconsent to the collection and use of certain information in accordance with RealPage’sPrivacy Policy.

SITE CONTENT

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

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

MyNewPlace includes contentposted or transmitted by third parties—potentially including forums, blogs, reviews,comment areas, bulletin boards and chat rooms that are intended to provideUsers 18 years of age and older a forum to express their opinions and sharetheir ideas. RealPage does not endorse the accuracy or reliability of anyadvice, opinion, statement or information posted by any third party onMyNewPlace. This content is the sole responsibility of the providing thirdparty and you agree that RealPage will not be liable for any content posted or transmittedby 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 ina written agreement with you signed by RealPage, by uploading, submitting, orsending content (including, without limitation, photos, video, data or othermaterials) directly to or through MyNewPlace, you grant to RealPage aroyalty-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, andotherwise use and exploit all such content in any form, media, software ortechnology of any kind now existing or developed in the future and the right tosublicense the foregoing rights through multiple tiers without compensation toyou. You also grant to RealPage a royalty-free right and license to use yourname, image and/or likeness in advertising and in connection with the licensedrights for the content.

REPRESENTATIONS ANDWARRANTIES

You represent and warrant toRealPage that: (a) you have all necessary authority, rights and permissions tosubmit any content you have provided and to grant the licenses described inthese Terms of Use; (b) the content you submit is accurate, current, completeand not misleading; (c) the content you submit and your use of MyNewPlace does notinfringe or misappropriate any copyright, trademark, trade secret, patent, orother intellectual property right of any third party or violate any otherrights of any third party, including, but not limited to, any rights of privacyor publicity or any contractual rights; (d) the content you submit and your useof MyNewPlace does not violate any applicable law or regulation and will not causeinjury to any person or entity; (e) your use of MyNewPlace does not violate anyagreements between you and any third party; and (f) you are of legal age toform a binding contract and are not a person barred from receiving anyMyNewPlace Services or products under the laws of the United States or any otherapplicable jurisdiction.

INDEMNIFICATION

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

PROHIBITED ACTIVITIES

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

·        engaging in activityor submitting content that is patently offensive or volatile, such as contentpromoting racism, terrorism, bigotry, hatred or physical harm of any kindagainst any group or individual;

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

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

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

·        engaging inactivity, 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 activitythat is competitive to RealPage, or for the purpose of providing, disclosing ortransmitting any portion of MyNewPlace or the Services to any direct orindirect competitor of RealPage (including (among others) any person or entitythat directly or indirectly provides (or whose affiliate provides) websites,products or services that compete with, or could be marketed as an alternativeto, the Services or any other websites, products or services offered from timeto time by RealPage, or any of their employees, independent contractors oragents);

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

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

·        submitting content thatprovides instructional information about illegal activities such as making orbuying illegal weapons, violating someone’s privacy, or providing or creatingcomputer viruses;

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

·        engaging inactivities or submitting content that solicits passwords or personallyidentifiable information for unlawful purposes from other Users;

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

·        engaging inunauthorized commercial activities and/or sales without RealPage’s priorwritten 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 otherautomatic device or manual process to monitor, copy, harvest, gather or“scrape” the web pages or the content contained in MyNewPlace or for any otherunauthorized purpose (As a limited exception, publicly available generalpurpose search engines and non-commercial public archives may query MyNewPlace forthe sole purpose of providing an index with links to MyNewPlace, provided theyeach do so from a stable IP address or range of IP addresses using an easilyidentifiable agent and comply with RealPage’s applicable policies andprocedures in effect from time to time, and only to the extent such unlicensed“fair use” is permitted by applicable copyright law. “General purpose searchengine” does not include a website or search engine or other similar servicethat specializes in classified listings or in any subset of classified listingssuch as housing, apartments or rentals. Search engines and non-commercialpublic archives are not permitted to query or search information protected by asecurity verification system (“captcha”) which limits access to human Users.);

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

·        decompiling, reverseengineering, or disassembling the software underlying MyNewPlace or theServices, or attempting to do so; or

·        taking any actionthat imposes an unreasonable or disproportionately large load on MyNewPlace or itshardware and software infrastructure.

By accessing or usingMyNewPlace, its content or the Services, you acknowledge and agree thatRealPage has the right to investigate potential violations of these TOU,including (among other things) as it relates to intellectual propertyinfringement and other prohibited use of MyNewPlace, its content or theServices. Accordingly, you grant RealPage permission to take reasonableaction, as necessary, to monitor, investigate, evaluate and ensure yourcompliance with these TOU.

THIRD PARTY SERVICES

As a part of the Services, RealPagemay provide links from MyNewPlace to third-party websites. RealPage does notoperate or control such third–party websites, does not review or investigate themfor accuracy or otherwise, and is not responsible for the content or services availablethrough them or the acts or omissions by their operators. RealPage’s inclusionof a link to any third-party website does not imply any endorsement orsponsorship of the website, its operator or the services provided. If youdecide to leave MyNewPlace and access any third-party website, you agree thatyou do so at your own risk and that RealPage is not undertaking any obligationor liability relating to your access to or use of any third-party website orthe content thereon.

SOCIAL MEDIA LOG-ININTEGRATION

You may elect to log-in toyour MyNewPlace account using third-party social media web-based services suchas Facebook®, LinkedIn®, and Twitter®. By choosing this method of accountaccess, you give RealPage permission to access and use your information asprovided and permitted by that third-party service, and to store your log-incredentials for such service. You are responsible for maintaining the securityof your MyNewPlace account log-in information and for any activities or actionsoccurring 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 anyloss or damages resulting from your use of third-party social media log-infunctionality or failure to comply with the obligations in these Terms of Use.

TENANT REVIEWS

RealPage allows tenants toprovide and publish written reviews through MyNewPlace consisting of opinionsabout apartments listed in MyNewPlace. RealPage does not filter or activelycensor these reviews but we reserve the right to remove a review (or a portionthereof) to the extent it violates these Terms of Use. If you become aware ofa review that violates these Terms of Use, RealPage encourages you to let usknow by contacting us atlegal@realpage.com and providing a specific description of the review atissue and an explanation for why you believe the review violates these Terms ofUse. RealPage will not honor all requests for removal. Many comments postedin the form of a review are highly opinionated; however, a negative opinion orreview will not necessarily be removed unless and until it is proven by you tobe a false statement of fact.

SERVICE CHANGES

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

REGISTRATION WITHMYNEWPLACE

By completing yourregistration with MyNewPlace as a potential renter, you represent and agreethat:

  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 rightin its sole discretion, and without any prior notice, to terminate your accessto MyNewPlace for any or no reason. You may unsubscribe from any furthercommunication from MyNewPlace at any time by visiting this page and enteringyour email address: http://www.mynewplace.com/unsubscribe. You may also unsubscribe by clickingthe Email Preferences link or the opt-out link in any of the MyNewPlace emails.

DMCA TAKE DOWN PROCEDURE

It is our policy to promptly investigate infringement claims and take appropriate actions in accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (”DMCA”) and other applicable intellectual property laws. If you believe that your copyright-protected work has been copied and displayed on our site without your permission, please let us know by sending a notice to our Designated Agent as follows:

Service Providers: Active Building, LLC; Kigo, Inc.; LeaseStar LLC; Multifamily Internet Ventures, LLC; NWP Services Corporation; Propertyware, Inc.; RealPage, Inc.; RealPage Vendor Compliance LLC; RP Newco XV LLC

Name of Designated Agent: David Monk, Chief Legal Officer

Full Address of Designated Agent: RealPage, Inc., 2201 Lakeside Blvd., Richardson, TX 75082

Telephone Number of Designated Agent: 972-820- 3000

Email Address of Designated Agent: DMCA@realpage.com.

Please keep in mind that, for your notification to be effective under the DMCA, you must include at least the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the work claimed to have been infringed, or if multiple 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 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 owner of an exclusive right that is allegedly infringed.

DISCLAIMERS ANDLIMITATIONS

YOU AGREE THAT YOUR USE OFMYNEWPLACE, ITS CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK.MYNEWPLACE AND ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS AND SERVICES AREPROVIDED “AS IS.” REALPAGE, ITS AFFILATES AND LICENSORS EXPRESSLY DISCLAIM ANYWARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVERRELATING TO MYNEWPLACE AND ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS ANDSERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. REALPAGE,ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS ORIMPLIED, AS TO ANY APARTMENT OR PROPERTY LISTED ON MYNEWPLACE (INCLUDING,WITHOUT LIMITATION, AS TO OWNERSHIP, AVAILBILITY, CONDITION, SUITABILITY, RENTAMOUNT, ACCURACY OR COMPLETENESS OF DESCRIPTION, LEASE TERMS, OR ANY FEES). ANYAND ALL CONCERNS, ISSUES OR DISCREPANCIES REGARDING ANY APARTMENT OR PROPERTY MUSTBE ADDRESSED WITH THE APPLICABLE LANDLORD OR PROPERTY MANAGEMENT COMPANY PRIORTO LEASING. 

REALPAGE, ITS AFFILIATESAND 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 ORIN ANY WAY CONNECTED WITH YOUR USE OF MYNEWPLACE OR ANY ASSOCIATED INFORMATION,SOFTWARE, PRODUCTS AND SERVICES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGESOR INJURIES ARISING OUT OF ANY DELAY OR INABILITY TO ACCESS OR USE MYNEWPLACE,ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH MYNEWPLACE, OROTHERWISE ARISING OUT OF THE USE OF MYNEWPLACE, WHETHER RESULTING IN WHOLE ORIN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, EVEN IF REALPAGE HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. INNO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF REALPAGE, ITS AFFILIATES ANDLICENSORS, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS AND CONTRACTORS FORANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MYNEWPLACE OR ANYASSOCIATED INFORMATION, SOFTWARE, PRODUCTS AND SERVICES EXCEED THE TOTAL AMOUNTOF FEES ACTUALLY PAID BY YOU TO REALPAGE WITH RESPECT TO THE SERVICES PROVIDEDHEREUNDER DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCHCLAIM ARISES. YOU AND REALPAGE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATEDTO MYNEWPLACE OR ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS OR SERVICESMUST COMMENCE WITHIN 1 YEAR AFTER THE CLAIM ACCRUES OR SUCH CAUSE OF ACTION SHALLBE PERMANENTLY BARRED. YOU AGREE THAT THE FOREGOING LIMITATIONS ARE A MATERIAL ELEMENTOF THE BARGAIN BETWEEN REALPAGE AND YOU.

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

BROKER LICENSING

LeaseStar, LLC does notbroker, lease or sublease apartments directly and is not a party to anytransaction 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, NewJersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, SouthCarolina, South Dakota, Tennessee, Texas, Utah Virginia, Washington, WestVirginia and Wisconsin.

OTHER TERMS

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

These Terms of Use,together with RealPage’sPrivacy Policy and any other legal notices publishedby RealPage on MyNewPlace, shall constitute the entire agreement between youand RealPage concerning your use of MyNewPlace and the Services. If any part ofthese Terms of Use is determined to be invalid or unenforceable pursuant to applicablelaw, then the invalid or unenforceable provision will be deemed superseded by avalid enforceable provision that most closely matches the intent of theoriginal provision, and the remainder of the Terms of Use shall continue ineffect. No waiver by RealPage of any right to enforce these Terms of Use shallbe deemed a further or continuing waiver of such right, and RealPage’s failureto assert any right under these Terms of Use shall not constitute a waiver ofsuch right.

RealPage reserves the rightto amend these Terms of Use at any time and without notice, and it is yourresponsibility to review these Terms of Use for any changes. Your use ofMyNewPlace following any amendment of these Terms of Use will signify yourassent to and acceptance of the revised terms.

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

A printed version of theseTerms of Use shall be admissible in judicial or administrative proceedings tothe same extent and subject to the same conditions as other business documentsand records originally generated and maintained in printed form. All rightsnot expressly granted by RealPage herein are reserved.

While MyNewPlace isoperated in compliance with all state and federal housing laws, we are notresponsible for the actions of any of the property owners featured on thissite. Please see our Equal Housing Opportunity Policy.

©2016 RealPage, Inc. All rightsreserved.

These Terms of Use were last updated on December1, 2015.

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