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These terms and conditions of use are a binding contract between Entrata, Inc. ("Entrata", "we", "us", or "our") and you ("you" or "your"). These terms and conditions of use, the Property Client’s privacy notice, and any other agreement or document incorporated herein by reference (collectively, the "Terms"), govern your access to and use of ProspectPortal® websites and mobile websites ("ProspectPortal Sites"), ResidentPortalTM websites, mobile websites, and phone applications ("ResidentPortal"), any content, functionality, products, and services offered on or through the ProspectPortal Sites and ResidentPortal, and artificial intelligence leasing and resident assistant services, such as virtual messaging assistants (collectively, the "Services").
YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN AN ARBITRATION PROVISION GOVERNING HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A COURT HEARING AND A JURY TRIAL, (2) SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, AND (3) WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THESE TERMS, MEANING THAT YOU AND WE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
BY ENTERING INTO THESE TERMS, YOU AND ENTRATA MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below.
By using the Services, whether by creating an account, browsing ProspectPortal Sites, using our mobile applications, or otherwise, you agree that you have read and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, your sole option is to discontinue your use of the Services.
We may update the Terms from time to time, which will be posted to the Services. By using the Services following the effective date of any modification to these Terms, you consent to the modified Terms.
Entrata: The software company that hosts and maintains the Services on behalf of a Property Client.
Property Client: The legal entity that owns or manages the property displayed on the Services.
Payment Gateway: Refers to the electronic systems, through which you may pass payment information to us, including but not limited to name, mailing address, email address, and dollar amount of payments received.
Payment Processor: EntrataPay, LLC, a wholly-owned subsidiary of Entrata, and the payment processor appointed by Entrata to process your payments. Either Entrata or Payment Processor will process your payment and will be identified in the Payment Gateway as the processor. For purposes of Section 7 of these Terms, "we", "us", or "our" also includes Payment Processor.
All of your transactions with or through the Services may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
You understand that by clicking the box titled "I have read and accept the Terms & Conditions", "Create Account", "Submit", or any similar derivation thereof, you are agreeing to conduct an electronic transaction and to use and receive notices, communications, disclosures, and records through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future. Your transaction, if applicable, is subject to your acceptance of these Terms, which are agreed upon when you proceed with your transaction.
You further agree as follows:
On occasion, Property Clients using our Services may call or text you to respond to your inquiry, provide you application updates, provide reminders about your account, provide maintenance and other property updates, and other important information. For more information, see Section 16 below.
You agree that Property Clients may use our Services to communicate with you at any telephone numbers or email addresses you provide to us or through your account. Such communications may include reminders and notices about your rent payments, balances, and other obligations. While some communications are automatically generated by a virtual assistant, Property Clients may also communicate with you directly through channels that Entrata provides. You agree that Entrata is not responsible or liable for the content of these messages. You authorize Entrata to share with Property Clients any telephone numbers or email addresses you have provided to us for this purpose.
We use artificial intelligence and machine learning to deliver some of our Services. When you interact with the Services, you may be engaging with virtual assistants or other services powered by artificial intelligence or machine learning algorithms. When you engage with virtual assistants, you acknowledge that you are doing so at your own discretion and risk. Entrata does not warrant or guarantee that any information provided using such technology is accurate, complete, reliable, current, or error-free.
In order to use certain features of the Services, you may have to register and create a password-protected account.
In order to use the Services, you must be at least 18 years of age (or have parental consent). If you choose to create an account, you must provide information to us that is true, accurate, and current, and you must keep your registration and contact information up to date. If you make any Submissions, you must have all rights to own them, or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms. You are responsible for and must protect the security of your account and password. You will be responsible for all use of your password or other credentials, even if such use was conducted without your authority or permission. When using the Services, you agree to abide by all laws and these Terms.
To enhance account security, we may require you to authenticate your account using multi-factor authentication ("MFA"). As a result, you may be required to use at least two forms of authentication when accessing your account. Forms of MFA in addition to your login credentials may include verification tokens delivered through short message service or a specified and supported two-factor authentication ("2FA") application. If you choose to install and use a 2FA application on a device (e.g., phone or tablet), you do so at your own risk.
All instructions transmitted by or received from anyone presenting your password on the Services are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree not to let others use your account. You agree not to disclose your password to anyone and to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Services for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Entrata immediately. You can authorize Entrata to refuse to accept any further transactions initiated under that password on your behalf and Entrata will use commercially reasonable efforts to block such transactions.
Subject to applicable law, we may, at any time and without notice to you, terminate or block your access to the Services for any reason, in our sole discretion, including but not limited to the following reasons:
You declare the following:
Important: Entrata is a service provider. Entrata provides the Services to you on behalf of Property Clients. Entrata does not own or manage the properties listed on the Services and is not a party to rental or sale contracts for those properties, though the Services may lead you to use certain products or services provided by Entrata which will be clearly disclosed. As such, Entrata shall not be liable for the information, the content, the documents, or any other information or interaction by, between, or among you, other users of the Services, or Property Clients. You are responsible for how you use the Services, and we encourage you to exercise sound judgment when entering into rental property transactions.
In the event you have a dispute with a Property Client, you should resolve that dispute with the Property Client.
We hereby grant you a limited, revocable, non-transferable, non-sublicensable license, under the rights Entrata has in the Service's content, to view and use the Services solely for the purpose of acquiring information in accordance with the Terms. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and Entrata, we retain all right, title, and interest in and to the Services. Except as provided in these Terms, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Services and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by Entrata, its affiliates, and its partners.
The license in this section does not include permission to copy the design elements, "look and feel" or layout of the Services. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in these Terms, neither Entrata nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
We do not guarantee uninterrupted or error-free operation of the Services or any portion thereof, but we will use reasonable efforts to maintain its operation and availability.
Any comments or information that you provide to Entrata, for example, feedback or ideas in response to a customer survey regarding the Services, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. We may use the Submissions, in addition to any other data you provide or that is collected from you in accordance with our Property Clients' instructions, including to train, develop, and improve our products and services powered by artificial intelligence. Further, we may sublicense these rights to third parties. We reserve the right to disclose any information concerning your use of the Services to the extent required by law or judicial or government order. From time-to-time, the Services may request information through the use of forms. Use of such forms is completely voluntary. Information requested may include, but is not limited to, contact information, demographic information and/or opinions.
You understand that all property listings, lease agreements, rental terms, financing terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Services or transmitted through or in connection with the Services by property managers, owners, users, advertisers, or others (the "Third Party Content") are the sole responsibility of the Property Clients, users, advertisers, or others from whom such content originated. Entrata has no responsibility or duty to review, approve, or pre-screen any Third Party Content posted on the Services (including by Property Clients), and Entrata is not responsible for any such content. The views and opinions they express are solely those of the original contributor. Entrata does not guarantee the nature, safety, quality, condition, or management of any rental properties or units on the Services.
Under no circumstance are we responsible for any Submission or Third Party Content on the Services, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any Submissions or Third Party Content, and the views and opinions they express are solely those of the original contributor. You are solely responsible for evaluating the truth or accuracy of any Submission or Third Party Content.
Entrata reserves the right in its sole discretion, but does not have any obligation, to delete or refuse to post any Submission or Third Party Content that violates the letter or spirit of any applicable agreements between Entrata and Property Clients, users, advertisers, or others posting or seeking to post any content, or for any other reason.
You must not, and may not allow any third party to, do or attempt to do any of the following:
7.1 If payment is made by ACH, including eCheck, you understand that if such payment is returned from the bank for any reason, you may be charged additional returned item fees (i.e., non-sufficient funds or "NSF") by us or your Property Client, which will be added to the original amount and auto-debited from your bank account at least ten days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your Property Client for the amount. Additional fees may also be assessed by your bank and/or Property Client. Your copy of the application will serve as a receipt for the application fee collected.
Oregon Residents Only: Entrata is acting as Payment Processor’s authorized delegate with respect to your ACH payments.
7.2 Convenience fees are charged by us or a third-party payment provider, and not by your Property Client. Convenience fees are not surcharges and are non-refundable. We are a third-party vendor, who is not the seller, lessor, or management company. Such convenience fees are not being charged based on any method of payment. Any payment methods initiated through the online platform may be charged a convenience fee including credit card, debit card, electronic checks, Cash App, and cash payments. These fees are being charged by us or a third-party payment provider for providing the convenience of an online payment channel. You agree that convenience fees may also apply to amounts refunded directly to your payment card, such as security deposit refunds.
7.3 If you are applying for a lease, no guarantees are made to you that a property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.
7.4 You authorize the Property Client to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary to verify all information in your application. You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by us or the Property Client, whether express or implied.
7.5 You hereby authorize Entrata or Payment Processor (if applicable), on behalf of the Property Client, to initiate transaction entries, including any convenience fees noted herein, to your payment account number (including checking and savings accounts) and/or charges to your credit card. This billing will occur at the time of payment of each transaction.
7.6 You hereby acknowledge that we, any third-party payment provider, and/or the Property Client may apply a convenience fee with each transaction initiated through the Payment Gateway. We or any third-party payment provider may amend this convenience fee at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.
7.7 We and your Property Client make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a convenience fee in error, please contact the Property Client to whom your payment is submitted.
7.8 We advise you that your credit card, bank account, or other payment account billing statement will show a charge item that displays the name of the merchant account of the payee. If you are unsure of that name, you agree to contact payee before processing this transaction so as to be sure to recognize the transaction when it appears on your monthly statement.
7.9 We reserve the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time we will return the payment amount entered into the Payment Gateway, minus convenience fees paid, in an appropriate and reasonable time frame.
7.10 We reserve the right to refuse processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to defend, indemnify and hold harmless Entrata, Payment Processor, Property Client, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any recurring payments that are charged because you failed to cancel your recurring payment. You can cancel your service by contacting your Property Client. We, in our sole discretion, may cancel this service without notice.
7.11 If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.
7.12 Both you and payee mutually reserve the right to cancel, reverse, or halt any and all checking or savings account, other payment account, or credit card transactions that have been cleared through the Payment Gateway.
7.13 Entrata and Payment Processor will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS). For purposes of PCI-DSS compliance, we are responsible for all cardholder data it possesses, stores, processes, or transmits on your behalf. Such cardholder data includes account numbers, card expiration dates, and CVV2 data. Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.
7.14 Entrata and Payment Processor act as the Property Client’s authorized agent in collecting payment owed by you to the Property Client. Payment by you to Entrata or Payment Processor shall be considered payment to the Property Client, extinguishing your payment obligation to the Property Client (in the amount paid by you) as if you had paid the Property Client directly.
7.15 By signing up for recurring payments, you authorize us to charge the designated payment method on the selected date, and re-attempt payment for five business days thereafter if prior attempts are unsuccessful. Additionally, you consent to our storage of your card or bank information to facilitate future recurring payments.
7.16 You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in these Terms. You agree that our Services shall only be used for lawful purposes. Any transaction or transmission which violates federal, state, or local laws is expressly prohibited.
7.17 When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account. In certain circumstances, such as for technical or processing reasons, we may process your payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.
Third Party Products. The Services may contain links, advertisements, or integrations to other websites, services, and products provided by third parties (“Third Party Products”). Such Third Party Products are provided for your convenience only. We have no control over Third Party Products and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use, access, or purchase of any Third Party Product is entirely at your own risk, and subject to separate terms of use and/or other agreements between you and the provider of such Third Party Product (a “Third Party Service Provider”). You are solely responsible for your decision to permit any Third Party Service Provider to use or access your data.
Entrata has no liability or responsibility whatsoever for any Third Party Products, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness, or quality, even if Entrata has reviewed, certified, or approved the Third Party Product for use in connection with the Services. The Third Party Service Provider is solely responsible for ensuring that any information submitted through their websites, products, services, or third party applications to the Services is accurate, complete, and correct. Entrata is not responsible for the standards or business practices of any Third Party Service Provider.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER.
Affiliate Products. The Services may also contain links, advertisements, or integrations to other websites, services, and products that are provided by our affiliates or subsidiaries (“Affiliate Products”). Such Affiliate Products may be subject to separate terms of use and/or other agreements. For example, in connection with rental applications made on the ProspectPortal Sites, you may authorize an affiliate to conduct a background screening. You have certain rights in relation to this background screening which are provided to you separately.
Rental Agreements. Any rental agreements (including those involving financing, if any) that you enter into through the ProspectPortal Sites (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are for services provided by the Property Client. Although Entrata provides the ProspectPortal Sites as a platform for the Services through which you may execute rental or lease agreements and enter into binding contracts with Property Clients, Entrata is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the Property Client, and not by Entrata. You acknowledge that you will address any issues or concerns with such agreements with said Property Client, rather than Entrata. If you choose to use the electronic signature execution functionality of the ProspectPortal Sites, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that Entrata makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
Nothing on the Services is intended to specifically solicit information from minors (people under 18 years old) or to seek to determine whether the visitor is a minor. If you are under 18, you are not permitted to submit to us any personally identifiable information, such as your name, address, email address, telephone number or any other information that would permit us to identify you. If you are under 14, it is against the law for us to ask you for that information, and we will not ask for it, nor do we want it. Anyone under 18 who wants to obtain any product from Entrata or otherwise submit any personally identifiable information to us should ask a parent or guardian to do it in his/her own name. Because such information will not be specifically identified as being from minors, users of the Services should be aware that personally identifiable information submitted to it by minors may be treated in the same manner as information given by an adult. If we learn we have collected or received personal information from a child under the age of 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 14, please contact your Property Client.
By agreeing to these Terms, you hereby acknowledge you have received and reviewed a copy of the applicable Property Client’s and Entrata’s privacy policies.
Important: Entrata’s privacy notice does not apply to end users of our Services (i.e., prospects and residents). Our privacy obligations with respect to such end users are governed solely by the agreements under which the Services are provided to our Property Clients and applicable law. Entrata generally has no direct relationship with end users, and we merely host or process such end user information on behalf of our Property Clients in our capacity as a service provider.
Our Property Clients, as “data controllers”, are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to collecting your personal information. If you are a resident or a prospective resident and have any questions or concerns about how your Property Client collects, stores, or uses your personal information, please contact your Property Client directly.
You agree to defend, indemnify, and hold harmless Entrata, its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and suppliers, from and against all third party claims, actions or demands, costs, damages, liabilities, settlements, and expenses, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Services or resulting from, or alleged to result from, your use of the Services or your violation of these Terms or any law. We shall have the right, in its sole discretion, to select our own legal counsel to defend Entrata from any claims (but by doing so shall not excuse your indemnity obligations). You shall notify Entrata immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Entrata’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Entrata, settle, dispose or enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Entrata.
ENTRATA PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK. To the fullest extent permitted by law, you hereby waive and release Entrata, its employees, agents, officers, or representatives from any and all claims, losses, costs, or damages of any nature whatsoever resulting from or in any way related to your use of the Services or these Terms. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. We will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or consequential damages arising out of or in connection with your use of the Services or these Terms, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability.
We will not be liable for performance of services where delayed by war, riot, epidemic, pandemic, network failures, malicious cyberattacks, interruptions in third party telecommunications, energy, acts of God or governmental action, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents. The indemnification provided for in this section shall survive any termination of these Terms.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE AMOUNT OF FEES PAID BY YOU TO US IN CONNECTION WITH PAYMENTS MADE VIA THE PAYMENT GATEWAY.
Any claim, dispute, or controversy between you and us arising out of, in relation to, or in connection with these Terms or the Services, including claims regarding applicability or validity of this arbitration provision (each, a "Claim"), shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. This agreement to arbitrate (this “Arbitration Agreement”) applies to all Claims between you and Entrata, including our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, agents, and shareholders. This Arbitration Agreement also applies to Claims between you and your property manager or property owner, who shall be considered an intended third-party beneficiary of this Arbitration Agreement.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce. In all other respects, including without limitation the determination of any questions about whether Claims are within the scope of this Arbitration Agreement and therefore subject to arbitration, shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA") and resolved by interpreting the Arbitration Agreement in the broadest way that applicable law will allow it to be construed, to the exclusion of any state or municipal law of arbitration. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Utah, other than such laws, rules, regulations, and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, except as expressly set forth in this Arbitration Agreement (including Claims based on contract, tort, fraud, agency, negligence, statutory or regulatory provisions, or any other source of law). As an exception to arbitration, you and Entrata retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim for any Claim that is within such court’s jurisdiction and proceeds on an individual basis. Nothing in this Arbitration Agreement bars either you or Entrata from bringing issues to the attention of federal, state, or local agencies.
This Arbitration Agreement applies to all Claims now in existence or that may arise in the future. This Arbitration Agreement shall survive any termination of these Terms or conclusion of your relationship with Entrata.
You and Entrata agree that any claim or dispute within the scope of this Arbitration Agreement shall be arbitrated on an individual basis, shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and shall not under any circumstances proceed as part of a class action. You and Entrata agree that the AAA Supplementary Rules for Multiple Case Filings shall not apply to any claim or dispute within the scope of this Arbitration Agreement.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ENTRATA EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
The arbitration shall be conducted before a single arbitrator, applying the substantive laws of the State of Utah, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. The arbitrator’s authority is limited solely to the Claims between you and us alone. The arbitrator will have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees that you paid to the AAA in connection with the arbitration, but not your attorney or other legal fees. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
In order to initiate arbitration, you must follow the applicable provisions of the AAA Consumer Arbitration Rules. Arbitration rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office.The place and legal seat of the arbitration shall be in Salt Lake City, Utah, unless the arbitrator determines that another location would be more appropriate in accordance with the applicable AAA rules. Notice of such arbitration may be provided to us at the following address: Attn: Legal Department, Entrata, Inc., 4205 Chapel Ridge Road, Lehi, UT 84043.
With the exception of any of the prohibition of class and representative actions and non-individualized relief provisions above, if a court of competent jurisdiction decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall still apply. If a court of competent jurisdiction decides that any of the prohibition of class and representative actions and non-individualized relief provisions above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from this Arbitration Agreement and may be litigated in court. All other disputes subject to arbitration under the terms of this Arbitration Agreement shall be arbitrated under its terms.
If you are a new user, you can choose to reject this Arbitration Agreement by notifying us in writing within 30 days after you accept these Terms for the first time. You must send your opt-out notice by certified mail to: Arbitration Opt-Out, Attn: Legal Department, Entrata, Inc., 4205 Chapel Ridge Road, Lehi, UT 84043.
The opt-out notice must include your first name, last name, mailing address, phone number, the email address used to log in to your account (if applicable), along with a statement that you decline this Arbitration Agreement. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
These Terms are personal to you and you may not transfer, assign, or delegate them to anyone without the express written permission of Entrata. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Entrata will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
These Terms constitute the sole and entire agreement between you and Entrata with respect to the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If any part of these Terms is determined to be invalid or unenforceable, 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 will continue in effect. The Terms (including any related consents or agreements that you provide during your visit to the Services) constitutes the entire agreement between you and us with respect to the Services and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Services and/or any order you place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Entrata and Payor's Property Client make every effort to comply with all payment processing rules and regulations.
Whereas we have provided the ability to translate these Terms into languages other than English, this translation is provided for convenience only. Your relationship with us and the Property Client will be governed by the English language version of the Terms, and if there is any contradiction between the English language version and a translated version, the English language version shall take precedence.
Requests to change your personally identifiable information may be submitted using the contact information below. We may send email regarding our services. If you wish to discontinue such communications, follow the directions contained in the email to remove a name from our mailing list.
These Terms shall be governed by the laws of the State of Utah, without giving effect to the choice of law provisions thereof.
You agree that any cause of action arising out of or relating to these Terms must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
For questions or concerns about the use of personal information, please contact your Property Client. For questions about these Terms, please contact [email protected].
This Section 15.8 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Entrata only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Entrata Text Message System terms ("Text Terms") are expressly incorporated into and made a part of the Terms. Capitalized terms used but not defined in these Text Terms will have the same meaning given in the Terms, as applicable.
The message you received on your phone was sent to you by a Property Client because you opted in to receive messages either on a property's website, by sending a text with a keyword, by providing your phone number, or otherwise consented. Entrata Text Message System facilitates communication between property management companies and their customers. Message and data rates may apply. Federal law provides an express exception from the consent requirement for communications that are made for "emergency purposes." Federal regulations define "emergency purposes" as "situation[s] affecting the health and safety of consumers.
If you believe the message reached you in error, please do one of the following:
If you are a resident of the Property Client sending you text messages, you can manage all notifications from within ResidentPortalTM. Log in to your property and go to your My Profile tab. Under the text messaging settings block, click "Edit" and un-check the services you would like to opt-out of. You can also manage which messages you would like to be subscribed to in the same place.
As a resident you have the following commands:
If you are a non-resident or resident, you have the following commands:
If you have opted for text messaging updates while creating a support ticket, you have the following commands:
There are a few ways you can opt-in to our services. The first is via the web (on a form, for example, indicating interest in leasing a residential property). The second is by texting a keyword to the shortcode, 51378. Lastly, you may have provided your phone number to a Property Client or otherwise provided consent to opt-in.
That depends on the standard text messaging rate plan you have set up with your carrier/provider. Neither Entrata nor a Property Client are directly charging you to receive these messages. However, standard message and data rates may apply.
You must be 18 years or older to receive/send text messages in affiliation with any of these subscriptions. By your participation in these property subscriptions, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the specific property.
You acknowledge that text messages are distributed via third party mobile network providers and, therefore, the Property Client cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Carriers are not liable for delayed or undelivered messages.
Property Client does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
If you opt-in or sign up to receive text messages, you thereby agree to receive text messaging service messages at the phone number you provide for such purposes. Such messages will come from Entrata.
Participation in our service is free of charge but standard carrier text messaging charges will apply. You may opt out at any time by following the opt-out instructions above. You represent that you are the owner or authorized user of the wireless device you use to sign up for the text messaging service, and that you are authorized to approve the applicable charges. Entrata will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or text message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your text message usage, and their practices are governed by their own privacy policies.
You acknowledge and agree that the text messaging service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging service.
Neither Entrata or the Property Client charge a fee for any of the subscriptions listed above.
Standard message and data rates may apply for any messages sent to you from the Property Client and to the Property Client from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Message frequency may vary.
For all questions, please contact the Property Client you receive these messages from directly. Alternatively, you may email [email protected].
