Please read the following terms and conditions carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of www.nwp.com.
This web site located at URL www.nwp.com is managed by RealPage, a third party service provider for your apartment community. The following terms and conditions govern your use of this Site. By using this Site, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). We reserve the right to make changes to this Site and these Terms and Conditions at any time.
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. We expressly disclaim all warranties, express or implied, of any kind with respect to this site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
You represent to us that you are of the legal age of majority in your state of residence and/or that you are an duly authorized user of an account on this site. We reserve the right to restrict access to this Site by any user to the extent we deem it necessary.
In the event a statement is made on the Site with incorrect information due to typographical error or information received from our third party service providers, we will correct the statement. In the event a typographical error inadvertently causes incorrect charge amounts to be reflected on your billing statement to you that are less an the actual charges for which you are responsible, you will still be responsible for the total actual charge upon receipt.
This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site.
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
When you enter a payment instruction, you authorize us to charge your account and remit funds on your behalf. Funds will be withdrawn from your account and the payment initiated on the date you specify or the next business day, based on when the payment request was received. You understand and agree that you are responsible for scheduling the payment with sufficient time for processing and handling. For this reason, it is recommended that all payments be scheduled to transact at least two (2) business day before the actual due date - unless weekend of holiday. We cannot process payment requests without complete information. If you properly follow the procedures described herein, and we fail to send a payment on the instructed date or the next or the next business day, we will bear responsibility for related late charges. In any other event, including but not limited to choosing a payment date less than two (2) business day prior to the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. You understand and acknowledge that we do not perform any identity verification on payment accounts. You certify that any payment account you add to your profile is an account from which you are authorized to make payments, and any payment you make will debit/charge a payment account that you are legally authorized to use. You also authorize us to credit your payment account for payments returned to us. We will use our best efforts to make all your payments properly.
We reserve the right to select the method in which to remit funds on your behalf to your payee. These methods include, but are not limited to, electronic, electronic-to-check, or laser draft.
A scheduled payment may by cancelled or edited by following the directions within the application. Only payments from a checking account may be cancelled or edited. Card payments may not be cancelled or edited. If you need to cancel or edit a card payment contact the payee, to request a refund or contact your card company. Once we have begun processing any payment, it cannot be cancelled or edited.
Refund requests for payment from either checking account or card accounts should be directed to the payee or to your bank or card company.
Stop payment requests must be directed to your bank or card company. We cannot edit a payment, cancel a payment, or stop a payment.
If your payment is returned unpaid, and we are unable to complete the transaction, our normal policies, procedures, and processing charges for items drawn against insufficient or uncollected funds will apply. If you feel a payment check has not cleared as intended, please contact your bank so they can confirm and another payment can be submitted. We are under no obligation to notify you if your check is returned unpaid.
You agree not to give or make available your password to any unauthorized individuals. If you believe your personal access code has been lost or stolen or that someone has used your payment accounts without your permission, telephone us at 800-590-7355, or advise us via e-mail residentservices@nwp.com as soon as possible. We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions. You agree to promptly notify RealPage in writing of any address change.
If you need to contact us on an urgent matter, please call us at 800-590-7355. This will allow us to address your situation in the most timely manner. Please DO NOT e-mail us with any matters that you consider to be urgent.
We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site ("Feedback"). You may submit feedback by email at residentservices@nwp.com. Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
In the event of a dispute regarding the bill payment service, you and RealPage agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us which supersedes any proposal or prior agreement, oral or written, and any other communications between you and RealPage relating to the subject matter of this agreement. If there is a conflict between what one of our employees says and the terms of this agreement, the terms of this Agreement shall control.
We may change terms or amend these terms and conditions and/or our processes and terms with respect to payment acceptance and processing from time to time without notice unless otherwise provided by law. You agree that an electronic mail message constitutes written notice. Any use of the bill payment service after the effective date of the change will constitute your agreement to such charge(s).
RealPage shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of either in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of RealPage, or its content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the RealPage or its software suppliers and protected by United States and international copyright laws. All marks indicated as registered on this Site are registered trademarks of RealPage Services Corporation, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RealPage or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.
You agree that any legal action brought against RealPage shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate federal or state court located in Orange County, California. We make no representations that the content in this Site is appropriate for access outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. You may not assign your rights or obligations under these terms and conditions without our express written consent.