Terms of Use

These terms and conditions of use are a binding contract between Entrata, Inc. ("Entrata"), the legal entity that owns or manages the property displayed on this website (the "Property Management Company", and together with Entrata, "we", "our" or "us") and you ("you" or "your"). These terms and conditions of use, together with the end user license agreement, if any, on the ResidentPortal^TM or ProspectPortal^® website (the "Site"), and any other documents they expressly incorporate by reference (collectively, the "Terms" or the "Agreement"), govern your access to and use of this website, including any content, functionality and services offered on or through the Site whether as a guest or a registered user.

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Payment Terms

Text (SMS) Terms

Definitions

Entrata: The software company that hosts and maintains this website on behalf of a Property Client.

Property Client: The legal entity that owns or manages the property displayed on this website.

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.

By using the Site, You agree to the following:

1. Agreement to Deal Electronically; Electronic Communications and Notices.

All of your transactions with or through the Site 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.

By clicking "Submit" on any step of a transaction within this Site, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions," you are agreeing to conduct an electronic transaction and to use and receive communications 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 and conditions, which are agreed upon when you proceed with your transaction. This agreement is entered into on the date of payment acceptance. This agreement supersedes any agreement with your Property Client, or the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows:

By making your payment and providing the information needed to process your checking, savings account or credit card account, you acknowledge that you have read and understand the Terms and conditions contained herein.

Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site. You also authorize Entrata to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.

2. Unauthorized Use of Your Password.

All instructions transmitted by or received from anyone presenting your password on the Site 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 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 Site 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.

3. Changes to the Agreement.

At the Site, you are bound by the version of this Agreement that is in effect on the date of your visit. This Agreement may change from time to time, so please review it when you visit the Site.

4. License to Use the Site.

License: We hereby grant you a limited, revocable, non-transferable, non-sublicensable license, under the rights Entrata has in the Site's content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. 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 Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site 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. Subject to applicable law, Entrata reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

The license in this Section 4 does not include permission to copy the design elements, "look and feel" or layout of the Site. 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 this Agreement, 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 this site or any portion thereof, but we will use reasonable efforts to maintain its operation and availability.

Termination: We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:

• We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
• Requested by law enforcement or other government agencies; or
• Your account has extended periods of inactivity.

5. Submission of Comments; Prohibited Content and Conduct.

Any comments or information that you provide to Entrata, for example, feedback or ideas in response to a customer survey regarding the Site, 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. Further, we may sublicense these rights to third parties. We reserve the right to disclose any information concerning your use of this website to the extent required by law or judicial or government order. From time-to-time this website 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.

Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.

You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:

Post to the Site or provide any Submissions that is or appears to be the following:

• untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or discriminatory or otherwise objectionable; any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law.
• infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
• of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
• unsolicited, undisclosed or unauthorized advertising;
• software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient;
• data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
• in violation of any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or that constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
• access, tamper with, or use services or areas of the Site that you are not authorized to access;
• alter information on or obtained from the Site;
• tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
• use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
• frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
• impersonate or misrepresent your affiliation with any person or entity;
• reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site; or
• take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

6. Your Representations and Warranties.

You represent and warrant for the benefit of Entrata and Entrata' licensors and suppliers that:

• you are at least 18 years of age or have parental consent;
• all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
• you will keep your registration information current;
• you will be responsible for all use of your password or other credentials, even if such use was conducted without your authority or permission; and
• you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

7. Payments

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 fee(s), which will be added to the original amount and auto-debited from your bank account at least ten (10) 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 leasing office for details. 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, 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, and cash payments. These fees are being charged by us 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 transaction 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 and/or the Property Client may apply a convenience fee with each transaction initiated through the payment gateway. We 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 or bank 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 or credit card transactions that have been cleared through the Payment Gateway.

7.13 By entering your payment information on this site, you hereby authorize Entrata to verify (a) the accuracy of such information, and (b) your authority to initiate any transaction on the account(s) entered, via a third party service provider, Giact Systems, LLC ("Giact"). Entrata uses Giact to confirm account ownership and transaction authority in real time, prior to payment or disbursement processing to reduce returns and fees, prevent fraud, and expedite payments. We will provide GIACT with basic information, such as your name, zip code, and banking information, to determine whether to accept or decline your payment. If your payment is declined, you will be notified accordingly.

7.14 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.

7.15 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.

8. Children

Nothing on this website is intended to specifically solicit information from minors (people under eighteen (18) years old) or to seek to determine whether the visitor is a minor. If you are under eighteen (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 fourteen (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 this website 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.

9. Indemnity

9.1 You agree to defend, indemnify and hold harmless Entrata, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement or any law. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.

9.2 We will not be liable for performance of services where delayed by war, riot, 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 article shall survive any termination of this agreement. You declare the following:

1. That all representations and statements made by you or on your behalf in this agreement, or in any other document relating hereto, are true, accurate and complete in all material respects.
2. Where applicable and appropriate, you agree to maintain and promptly update your registration or payment information to keep it true, accurate, current and complete.
3. Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.

9.3 We reserve the right to suspend or terminate any account or transaction from you if you provide us with information that is untrue, inaccurate, not current or incomplete. You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in this agreement. 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. You hereby authorize us to investigate and confirm the information herein. For this purpose we may utilize credit bureau/reporting agencies and/or our own agents. Upon your request, we will provide you with a copy of the results of such investigation if needed. However, you must request such documentation within fourteen (14) days of becoming aware of the investigation.

9.4 Any claim or legal action arising out of disputes, failures, misrepresentations, malfunctions, or defects shall be waived and in no event shall our liability exceed the total amount in convenience fees you paid to us hereunder.

9.5 You agree, as a company and/or as an individual, to defend, indemnify, and hold us harmless from any and all claims resulting from your use of any services contemplated under this agreement, which cause damage to you or any other party. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.

9.6 We retain full ownership of all data submitted by you through the Payment Gateway.

10. DISCLAIMERS OF WARRANTIES.

ENTRATA PROVIDES THE SITE "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.

11. Links to Third Party Sites.

As a convenience, we may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Entrata websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter on such third-party sites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when leaving our Site of the privacy statements and terms & conditions of each website that collects personally identifiable information.

12. WAIVER AND RELEASE OF LIABILITY

YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. To the fullest extent permitted by law you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of this Site. 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 this Site. The ratings and reviews posted on the Site are opinions and could be changed by a third party. If you choose to live at the property based on the ratings or reviews posted here, we are not liable for any actions arising from this service. Third parties will have access to view any ratings and reviews that you post on this Site, and we are not liable for any actions or liability that may arise from such access. We are not liable for the information contained in this Site that is posted by third parties, and no warranties arise from this service, including if the information is false. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.

13. Exclusive Remedy; Damage Exclusions & Limitations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENTRATA, ITS EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

14. Dispute Resolution.

Any controversy or claim arising out of or relating to the use of the services on this site, the relationship resulting from the use of such services, or a breach of any duties hereunder will be settled by Arbitration in accordance with the Commercial Arbitration Rules of the U. S. Arbitration & Mediation rules("USA&M") or the American Arbitration Association ("AAA"). All hearings will be held in Salt Lake City, Utah before an Arbitrator who is a licensed attorney with at least 15 years of experience in commercial law. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The Federal Arbitration Act (9 U.S. Code §1 et..seq.) shall govern all arbitration and confirmation proceedings. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them at USA&M or AAA. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally and the costs for arbitration shall be paid by the unsuccessful party. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute. The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

15. Miscellaneous

15.1 Assignment

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.

15.2 Entire Agreement

The Terms constitute the sole and entire agreement between you and Entrata with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. 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 Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and us with respect to the Site and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Site and/or any order you place through it.

15.3 No Waiver

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.

15.4 Translation

Whereas we have provided the ability to translate this Agreement 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 Agreement, and if there is any contradiction between the English language version and a translated version, the English language version shall take precedence.

15.5 Opt-Out or Change Information

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.

15.6 Governing Law; Forum and Venue Selection

Your access to this website is governed by all applicable federal, state and local laws. These Terms of use shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. Any dispute between you and us regarding the content or use of this website may be resolved by mediation, with hearings held in the English language in Provo, Utah (Utah County) and shall not be joined with any dispute that any other person or entity may have with us.

You agree that any cause of action arising out of or relating to this agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Jurisdiction of any legal proceeding arising hereby shall be exclusively adjudicated in Provo, Utah (Utah County), United States of America. You hereby agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in the County of Utah, in the State of Utah. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

15.7 Contact Us

For questions or concerns about the use of personal information or about these Terms, please contact your Property Client.

Entrata Text Message System

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. Your data will be processed in accordance with our Privacy Policy.

Quick Help

The message you received on your phone was sent to you by a Property Client because you signed up to receive messages either on a property's website or because you opted-in to a text messaging service by sending a text with a KEYWORD to 51378. 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:

• Text HELP to 51378 for help via text message. We will respond with instructions on how to use our service as well as how to unsubscribe.
• Text STOP to 51378 to end all communication via text message. We will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again.

Alert Management

Residents

If you are a resident of the Property Client sending you text messages, you can manage all notifications from within ResidentPortal^TM. 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:

• Text HELP to 51378 for instructions on how to use our service as well as how to unsubscribe.
• Text MENU to 51378 for a list of STOP keywords.
• Text PROPERTY to 51378 for a list of supported keywords.
• Text RENT to 51378 to opt in to rent reminders.
• Text STOP RENT to 51378 to stop receiving rent reminders.
• Text STOP FIX to 51378 to stop receiving maintenance updates.
• Text STOP NOTE to 51378 to stop receiving property updates.
• Text STOP PARCEL to 51378 to stop receiving parcel alerts.
• Text STOP, STOP ALL or STOPALL to 51378 to stop all communication with Entrata Text Message System.

Non-Residents

If you are a non-resident or resident, you have the following commands:

• Text HELP to 51378 for instructions on how to use our service as well as how to unsubscribe.
• Text STOP INFO to 51378 to stop receiving property information messages.
• Text STOP APPUPDATES to 51378 to stop receiving Application updates.
• Text STOP, STOP ALL or STOPALL to 51378 to stop all communication with Entrata Text Message System.

Support Ticket Updates

If you have opted for text messaging updates while creating support ticket, you have the following commands:

• Text REOPENTICKET ###### to 51378 to reopen the ticket. eg REOPENTICKET 123456.
• Text STOPTICKET ###### to 51378 to stop receiving ticket updates. eg STOPTICKET 123456.
• Text STOPALLTICKET to 51378 to stop receiving all ticket updates.
• Text STOP, STOP ALL or STOPALL to 51378 to stop all communication with Entrata Text Message System.

FAQs

How did I get subscribed to your service?

There are two ways you can opt-in to our services. The first is via the web (on a form). The second is by texting a keyword to the shortcode, 51378.

Am I being charged for these messages?

That depends on the standard text messaging rate plan you have setup 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.

Terms and Conditions

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.

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.

FEES

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.

FREQUENCY

Message frequency may vary.

Additional Help

For all questions contact the Property Client you receive these messages from directly, email [email protected] or call 1-877-826-9700.