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Terms of Use


ActiveBuilding Resident Portal Terms of Service

Last Modified: January 2016

The following terms and conditions (these “Terms of Service” or “Agreement”), govern a user’s (“User”, “you” or “your”) access to and use of this Resident Portal (the “Service”), a product offered by ActiveBuilding LLC (“Provider”, “we”, or “us”). By registering to use and using the Service, you agree that you have read, understand and agree to be bound by these Terms of Service. Carefully consider the provisions of this Agreement, as they constitute binding legal obligations between you and Provider. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Service, the website or any user interface. Your continued use of the Service, the website or any user interface following the posting of revised Terms of Service shall constitute your acceptance and agreement to be bound by the changes. Should you not wish to be bound by this Agreement, do not register or use the Service.

1. DESCRIPTION OF THE SERVICE

The Service provides a resident portal website and mobile application allowing residents to manage various apartment community amenities and services, while also providing tools and applications for social engagement among the community residents.

2. SERVICE REGISTRATION AND ACCOUNT SECURITY

To register for and access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the registration website and user interface is correct, current, and complete. You agree that all information you provide to register with this Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

3. GENERAL USE OF THE SERVICE – PERMISSIONS AND RESTRICTIONS

Provider grants you limited, conditioned and revocable permission to access and use the Service, provided that you use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Provider, a Provider employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Provider or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Service.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

4. SMS TEXT ALERTS AND NOTIFICATIONS

We offer you the ability to enroll your mobile phone in our Short Messaging Service (“SMS”) text message alert system (the “SMS System”) for purposes of receiving Service notifications and emergency alerts. Your enrollment or use of the SMS System constitutes your agreement to the following terms and conditions:

By providing your mobile phone number(s) to Provider as part of your registration for the SMS System, you provide us with your express consent to receive text message alerts at that number and:

i. Acknowledge and represent to us that you are the authorized user of the mobile phone(s) that you link to our text message service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service;

ii. You grant Provider express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these terms and conditions;

iii. Your receipt of SMS messages from Provider (“SMS alerts”) is NOT a violation of state or federal rules including, but not limited to, the Telephone Consumer Protection Act (TCPA) or Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act;

iv. You understand that your wireless carrier may charge you additional message and data fees for receipt of our text messages; and

v. By granting such permission to Provider you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state’s, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s).

Prior to completing your enrollment in the Service, we will send a text message to your designated mobile number. To complete enrollment, you must confirm receipt of the text message from your device by following the instructions in that text message. You may cancel your enrollment in the SMS System at any time by logging into the Service and removing your mobile number(s) from the SMS System registration. You may also cancel your enrollment by sending an SMS System opt-out request email to support@activebuilding.com.

Provider SMS alerts use wireless service provider networks to deliver SMS service; however, Provider does not operate the wireless networks. Provider is not liable for the availability (or lack thereof) of wireless network coverage, the failure of the wireless networks to deliver an SMS alert or message, or otherwise interfere with the timeliness or transmission of SMS alerts. Provider disclaims any responsibility for any wireless service used to access the SMS alerts. Provider SMS alerts are available to Users based in the United States. User understands and acknowledges that SMS alerts are not intended to be accessed from outside of the United States. In addition, because Provider does not operate or control the wireless networks used to access the SMS alerts, we cannot guarantee the privacy or security of wireless data transmissions. Please check with your wireless service provider for information about its privacy and security practices. PROVIDER IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, LATE, OR MISDIRECTED MESSAGES, INCLUDING (BUT NOT LIMITED TO) UNDELIVERED MESSAGES RESULTING FROM ANY FORM OF FILTERING BY YOUR MOBILE CARRIER OR SERVICE PROVIDER. PROVIDER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SMS ALERTS. THE SMS SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (A) THE SMS SYSTEM WILL MEET YOUR REQUIREMENTS; (B) THE SMS SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMS SYSTEM WILL BE ACCURATE OR RELIABLE.

5. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Provider, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.


You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.


You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted herein is a breach of these Terms of Service and may violate copyright, trademark and other laws.

6. TRADEMARKS

The ActiveBuilding name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Provider or its affiliates or licensors. You must not use such marks without the prior written permission of Provider. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

7. USER CONTRIBUTIONS

The Service may contain message boards, chat rooms, personal profiles, forums, bulletin boards, social media integration, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Service.


All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.


You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Provider, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.

8. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. MONITORING AND ENFORCEMENT; TERMINATION OF SERVICE

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Provider.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. COPYRIGHT INFRINGEMENT

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

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

RealPage, Inc.

4000 International Parkway

Carrollton, TX 75007

USA

Phone: 800.689.5388

Fax: 415.538.0806

Email: DMCA@realpage.com

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

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

11. LINKS TO THIRD PARTIES

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. LIMITATION ON LIABILITY

IN NO EVENT WILL PROVIDER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Provider, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

15. GOVERNING LAW AND JURISDICTION

All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the courts of the State of Texas in each case located in the City of Dallas and County of Dallas although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. WAIVER AND SEVERABILITY

No waiver of by Provider of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Provider to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

18. ENTIRE AGREEMENT



The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Provider with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.


The Egg™ Smart Locker- Terms of Service

The following terms and conditions (these “Terms of Service” or “Agreement”), govern a user’s (“User”, “you” or “your”) access to and use of The Egg (the “Service”), a product offered by AB Newco LLC (“Provider”, “we”, or “us”). By registering to use and using the Service, you agree that you have read, understand and agree to be bound by these Terms of Service. Carefully consider the provisions of this Agreement, as they constitute binding legal obligations between you and Provider. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Services or any user interface. Your continued use of the Services or any user interface following the posting of revised Terms of Service shall constitute your acceptance and agreement to be bound by the changes. Should you not wish to be bound by this Agreement, do not register or use the Service.

1. DESCRIPTION OF THE SERVICE

The Service allows Users to receive packages at and send packages from designated, secure Service locations within their apartment community facilities. If you receive a package at the Service location, we will notify you by e-mail or SMS text message (as directed by the you). The notification includes a 4-digit secured access pin code that allows you to retrieve the package from the Service location at your convenience.

2. SERVICE FEES

You agree to pay the charges and fees associated with the Service, which may include per package transactional fees depending on package size, as well as retention fees for packages that are not claimed within the applicable Holding Period. We may change the fees and charges for the Service at any time with fifteen (15) days’ prior notice.

You authorize us to automatically charge the payment card or other payment method selected in your Service User Account for all such charges and fees, and to continue to charge such amounts to that payment method, when incurred, until you revoke your authorization. You may change the payment method or revoke your authorization by logging into your Service User Account and changing your preferences.

3. GENERAL USE OF THE SERVICE – PERMISSIONS AND RESTRICTIONS

Provider grants you limited, conditioned and revocable permission to access and use the Service as set forth in these Terms of Service, provided that:

A. You acknowledge and agree that the packages received through the Service shall not contain or constitute any living thing; controlled or illegal drugs; prohibited substances; substances classified as dangerous for transportation by any law or regulation; hazardous material of any kind; or any property the possession or carriage of which is prohibited by any law, statute, regulation.

B. You acknowledge and agree that your use of the Service shall not violate any international, federal, state or local law or regulation, or any terms and condition of the commercial carrier company or of the United States Postal Services, including but not limited to, laws, regulations and terms concerning the carriage, delivery or warehousing of alcohol, firearms and other controlled or regulated matter.

C. You acknowledge and agree that the Service shall be not be used for or related to any illegal or fraudulent purpose.

D. You acknowledge and agree that the Service shall not be used for receiving packages that require special handling, such as those that require signature, the use of any equipment, appliance or special procedure. Any and all packages received by the Service shall only be given regular handling and care.

4. HOLDING PERIOD AND UNCLAIMED PACKAGES

The package shall be held at the Service location for up to thirty (30) days (the “Holding Period”) from date of notification is sent to you. Packages not claimed within the Holding Period shall be deemed to be abandoned or unclaimed and we reserve the right to return the packages to the sender at your expense. Service locations may, from time to time, become unavailable due to routine maintenance and servicing, or due to unforeseen circumstances. You agree that in such cases, the packages held at the Service locations may be delayed, and the corresponding Holding Period will be extended accordingly.

5. SERVICE REGISTRATION AND ACCOUNT SECURITY

To register for and access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the registration website and user interface is correct, current, and complete. You agree that all information you provide to register with this Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

6. TERMINATION OF THE SERVICE

Provider reserves the right at any time, with or without notice to you, to change, modify or discontinue the Service or any portion or attribute thereof. Provider shall have no liability to you should we modify or discontinue the Service or the related website and user interface.

7. PRIVACY POLICY

The terms of RealPage’s Privacy Policy are incorporated by reference into these Terms of Service and are an integral part hereof.

8. DISCLAIMER & LIMITATIONS

YOUR USE OF THE SERVICE AND ANY RELATED WEBSITES OR USER INTERFACE ASSOCIATED WITH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER ARISING FROM CUSTOM, USAGE, OR COURSE OF PERFORMANCE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH PROVIDER REPRESENTS OR WARRANTS THAT THE SERVICE, RELATED WEBSITES, OR USER INTERFACES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL PROVIDER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, THE APARTMENT COMMUNITY AT WHICH THE SERVICES ARE PROVIDED OR ITS OWNERS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR LOSS, DAMAGES OR LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES OR USER INTERFACES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. INDEMNITY

You agree to indemnify, defend, and hold harmless Provider, , its affiliated companies, vendors, your apartment community at which the Services is provided, and its owners, their respective officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses, liabilities, causes of action, enforcement procedures, and suits of any kind or nature arising from or relating to your use of the Service, your noncompliance with governmental laws or regulations or UPS’s requirements applicable to the Service, or your failure to comply with these Terms.

10. TRADEMARKS

The Egg logo, and all other Service or Provider related product and service names, logos, designs and slogans are trademarks of the Provider or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

11. OTHER TERMS

All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in a court of competent jurisdiction located in Dallas County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These Terms of Service and Privacy Policy constitute the sole and entire agreement between you and Provider with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.