YARDI PAYMENT PORTAL TERMS AND CONDITIONS OF USE
Thank you for using this online payment service (the “Service”). Please take the time to review the terms and conditions of usage for the Service. By making your payment and providing the information needed to process your bank account or credit card payment, you acknowledge that you have read and understand these Terms and Conditions. Please note that we reserve the right to modify these Terms and Conditions at any time. If, at any time, you do not wish to accept these terms and conditions of service, you may choose to not use the Service.
1. Description of the Service: The Service provides an online payment service that allows you to make payments online. You can select options for one-time payments and/or automatic payments. The Service will process a transaction to the account designated on the date(s) indicated.
2. Definition of the Company: As used herein, the “Company” means and includes the property at which you are a tenant or applicant and/or for which you are submitting a payment, the owners of the property, the management company that manages or operates the property, and all of their respective parents, subsidiaries, affiliates, officers, directors, owners, employees, and agents. The Company is also sometimes referred to in these Terms and Conditions as “We” or “Us.”
3. Registration and Use: In consideration of your use of the Service, you represent, warrant, and agree that (i) the information provided by you using the Service is accurate, and in the event this information should change, you will update your information on the Service to be true and accurate in a timely manner; (ii) you will not use the Service for illegal purposes; (iii) you are at least 18 years old; (iv) you are fully responsible for all activity occurring under your account on the Service, and in the event you have knowledge of unauthorized access to your account, you will immediately notify us; and (vi) you are fully authorized to use any bank account or credit card registered in your account.
4. Transaction Authorizations: You hereby authorize Us to initiate the transaction selected by you and to charge the bank account and/or credit card supplied by you for the amount indicated by you plus any applicable convenience fee. You acknowledge that We may apply a convenience fee with each transaction initiated through the Service. You hereby waive the right to initiate a chargeback or stop payment against any transaction initiated through the Service.
5. Account Cancellation: We reserve the right to cancel your account with the Service at any time and for any reason. We further reserve the right to refuse processing to any person or of any transaction at any time and for any reason.
6. No Warranty: The Company does not make any warranty or representation of any kind with respect to the Service, and all implied or statutory warranties are disclaimed to the greatest degree permitted by applicable law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties regarding the accuracy or timeliness of payment processing because processing is largely dependent upon outside factors beyond our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you in full or in part.
7. Limitation of Liability: In no event shall the Company be liable for any special, incidental, or consequential damages of any sort arising out of or in connection with these Terms and Conditions or the Service (however arising, including by virtue of our negligence). Further, you agree that We will not be liable under any circumstances for punitive or exemplary damages.
8. Indemnification: You agree to indemnify, save, and hold the Company harmless from any liability, cost, and expense (including reasonable attorneys' fees) related to any claim or demand due to or arising out of your actions or the actions of any person acting for you, including, but not limited to, your misuse of the Service, failure to adhere to these Terms and Conditions, and/or any negligence, fraud, dishonesty, or willful behavior. This indemnification provision shall survive any cancellation of your account or discontinuation of your use of the Service.
9. Legal: 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 and venue of any legal proceeding involving you and the Company shall be solely in the state and locality in which the property for which you applied, lived, or submitted a payment is located. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY AND ALL CLAIMS, WHETHER BASED ON THESE TERMS AND CONDITIONS, A TORT, A STATUTORY CAUSE OF ACTION, OR OTHERWISE. If any provision in these Terms and Conditions is determined to be invalid pursuant to applicable law, such invalidity shall not affect the validity of the remaining provisions of these terms and conditions.
Sessions will time out after 20-30 minutes of idle time. Please note that payment submissions may go through despite your session timing out. To check if your payment was processed, please log back into your account and check the ‘pending payments’ screen.