Privacy Statement and Terms of Use for Yardi Mobile Apps

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Privacy Statement and Terms of Use for Yardi Mobile Apps (Last updated October 14, 2014)

Since 1982, Yardi Systems, Inc. and its affiliates (“Yardi”) has been dedicated to the design, development, and support of real estate investment management and property management software. Yardi offers full business solutions for every real estate market. The Yardi Mobile App (“Yardi Mobile App” or “App”) made subject to this Privacy Statement and Terms of Use (together, the “Privacy Statement” or “Terms”) is just one component part of Yardi’s innovative real estate technology platform.

At Yardi, we work hard to respect an individual’s privacy and to ensure the security of the information collected, transmitted or hosted by, or on, our technology.  As part of that effort, before we can let you use the Yardi Mobile App, we need your consent to Yardi’s collection, use and sharing of information as described in this Privacy Statement for Yardi Mobile Apps, and, we need you to verify that you, as an individual, are an Authorized Licensee of Yardi Technology.

Importantly, this Privacy Statement does not describe the privacy practices of Yardi’s clients. As further described below and as used in these Terms, an Authorized Licensee means both the Yardi client that is a party to an Authorized License Agreement and the individual (yes, hopefully, you) authorized, or designated, by that Authorized Licensee to Use Yardi Technology pursuant to an Authorized License Agreement. In other words, you are likely to be the employee of an Authorized Licensee (one of Yardi’s clients) and this Privacy Statement does not describe how your employer, or applicable Authorized Licensee, may use or share information, including, but not limited to, any information you enter into the Yardi Mobile App or any information about your device.  To learn more about how your employer (or, again, other applicable Authorized Licensee) may use the information entered into or otherwise associated with your use of this App, please ask your employer (or other applicable Authorized Licensee) – and not Yardi.

YARDI MOBILE APPS ARE FOR AUTHORIZED LICENSEES ONLY
Please read this privacy statement and Terms of use for yardi mobile apps carefully before accessing, downloading or using this Yardi Mobile App. Yardi Mobile Apps are made available for download and Use solely by our Authorized Licensees. By downloading or Using this Yardi Mobile App, you: (1) represent and warrant that you are an Authorized Licensee of all Yardi Technology that you access and Use through the Yardi Mobile App, and (2) agree to be bound, without limitation or qualification, by these Terms and expressly acknowledge and consent to Yardi’s collection, use and sharing of information as described in this Privacy Statement. If you are not an Authorized Licensee, or if you are an Authorized Licensee but you do not consent to or agree to be bound without limitation or qualification by these Terms, you are not authorized to access, download or use this Yardi Mobile App.

As used in these Terms, (i) “Authorized Licensee” shall mean a licensee of Yardi Technology (defined below) pursuant to a written agreement, either as a client (referred to as a “Client Authorized Licensee”) or as a member consultant of the Yardi Independent Consultant Network (referred to as a “Consultant Authorized Licensee”); (ii) “Authorized License Agreement” shall mean the written license agreement between Yardi and an Authorized Licensee related to Yardi Technology; (iii) “Business Purposes” means: (A) a Client Authorized Licensee’s management, or Fee Management (defined below), of Client Authorized Licensee’s real property portfolio for accounting, property management and related business purposes only of that Client Authorized Licensee; or (B) a Consultant Authorized Licensee’s implementation and training services solely in support of a Client Authorized Licensee’s Use of Yardi Technology; (iv) “Fee Management” means management of a real property portfolio pursuant to a contract between the real property owner, or owners, and a Client Authorized Licensee; (v) “Yardi Technology” shall mean Yardi technology, including, but not limited to, software (including this App) and related updates, online websites and services, user manuals, documentation, products, and content and other material made available to an Authorized Licensee pursuant to an Authorized License Agreement; and (vi) “Use” shall mean authorized use of a Yardi Mobile App by an Authorized Licensee to access to and use only that corresponding Yardi Technology intended to interoperate with such App and to which the Authorized Licensee is licensed through its Authorized License Agreement, and solely for the Authorized Licensee’s Business Purposes. In addition, as used throughout these Terms, “you” or “user” shall mean an Authorized Licensee of a Yardi Mobile App.

COLLECTION AND USE OF INFORMATION YOU PROVIDE
Users of Yardi Mobile Apps will be entering all of the same information into the Yardi Mobile App that the user would enter into the corresponding component of Yardi Technology were they accessing and using the corresponding Yardi Technology from their office computer. Yardi’s confidentiality and other obligations – its limited rights to use and share such information with third parties – are governed by the terms and conditions of the Authorized Licensee Agreement.

As with your use of Yardi Technology from an office computer, in order to Use this Yardi Mobile App, you will have to enter your login credential and password associated with your designated, or authorized, Use of Yardi Technology as an Authorized Licensee (together, “Credential”). Your Credential is considered Confidential Information pursuant to your Authorized License Agreement with Yardi, and shall be used solely for the Authorized Licensee’s Business Purposes. You agree to: (a) provide true, accurate, current, and complete information as prompted by the credential form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.

PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of your Credential and agree not to disclose or share your Credential with any third parties, or use your Credential and this Yardi Mobile App for any improper purpose. You agree to (i) immediately notify Yardi and/or your employer (or other applicable Authorized Licensee) of any unauthorized use of your Credential, or any other breach of security, and (ii) ensure that you exit from your account at the end of each Yardi Mobile App session. You are liable for any loss or damage arising from your failure to comply with this section.

COLLECTION AND USE OF INFORMATION ABOUT YOUR DEVICE
Yardi Mobile Apps do collect limited information about your device, such as the device model and operating system version number.  Yardi Mobile Apps utilize this limited information solely to allow the optimal performance of the Yardi Mobile App.  For example, a Yardi Mobile App downloaded to an iPad may display more information from the database associated with Yardi Voyager than the same Yardi Mobile App running on an iPhone – simply because it is possible to display more information on an iPad than an iPhone and we want to deliver to our clients the best performance, power and convenience possible.  This information is also used for troubleshooting assistance.

Some Yardi Mobile Apps, such as the Maintenance Mobile App and the Maintenance Manager App, include device location tracking features.  Yardi uses the device location information solely to provide the inherent functionality of that feature – in other words, to help the technician and map out the most optimal route for the technician, to display the user’s current location on the map, to record where photos are taken within the app, and to record the device’s location when synchronizing data with our servers.

As we noted at the beginning of this Privacy Statement, to learn more about how your employer (or, again, other applicable Authorized Licensee) may use the information entered into or otherwise associated with your use of this App, please ask your employer (or other applicable Authorized Licensee) – and not Yardi.  If you do have questions regarding our this Privacy Statement or Yardi’s limited use of information collected via the Yardi Mobile App, you can contact Yardi Systems, Inc. at:

YARDI SYSTEMS, INC.
Attn: Legal Department/Privacy Manager
430 S. Fairview Ave.
Goleta, CA  93117

YARDI MOBILE APPS ON THE APPLE APP STORE
This section shall apply to you only if you have downloaded the Yardi Mobile App from the Apple App Store.  In addition to these Terms (except for the license grant in the section of these Terms titled “Yardi Technology,” below), Yardi and you acknowledge that these Terms are entered into solely between you and Yardi, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Yardi Mobile App that are less restrictive than, or otherwise conflict with, the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review and accept). Subject to all the terms and conditions herein, Yardi hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Yardi Mobile App, in object code form, only on your App Store compatible device (the “Device”) solely during the Term of your Authorized License Agreement, solely for Business Purposes and as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof. You acknowledge that, in the event of any third party claim that the Yardi Mobile App or your possession and use of the Yardi Mobile App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You further acknowledge that Apple has no responsibility for addressing any claims relating to the Yardi Mobile App or any Yardi Technology or your possession and/or use of the Yardi Mobile App or other Yardi Technology, including but not limited to (i) product liability claims; (ii) any claim that the Yardi Mobile App or other Yardi Technology fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation. Only with respect to Yardi Mobile Apps distributed through the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of These terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

YARDI TECHNOLOGY
Subject to these Terms, Yardi hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Yardi Mobile App, in object code form, only on a single mobile device for which that Yardi Mobile App was created, solely during the Term of your Authorized License Agreement and solely for Business Purposes. Yardi Technology is protected by copyright, trademark and other intellectual property laws. Use of Yardi Technology is subject to these Terms and the terms and conditions of your Authorized License Agreement with Yardi including, but not limited to, restrictions on use, copying, disclosure, distribution and decompilation; provided, however, that the provisions of these Terms shall govern Your Use of this Yardi Mobile App in the event of a conflict between these Terms and your Authorized License Agreement with Yardi. No part of any Yardi Technology may be disclosed or reproduced in any form by any means without Yardi’s prior written authorization. Yardi Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Yardi’s prior, express, written permission. You must abide by all notices, agreements, information, or restrictions contained in, attached to, or in any way associated with any Yardi Technology. Yardi® is a registered Yardi trademark, and Yardi’s logo and product names are Yardi trademarks. You agree not to display or use in any manner Yardi’s trademarks without Yardi’s prior, express, written permission. Yardi Technology contains proprietary information about software processes, algorithms, and data models which are Confidential Information within the meaning of your Authorized License Agreement, and constitutes trade secrets, and which are intended for utilization solely in connection with Authorized Licensees’ use of Yardi software exclusively for Business Purposes and for no other purpose. You may not use Yardi Technology or any Yardi Confidential Information to compete with Yardi and you may not disclose it to a Yardi competitor. Any download or copy of Yardi Technology must contain the copyright notice that accompanies such Yardi Technology. You may not alter any Yardi Technology.

PROHIBITED ACTIVITIES
You are prohibited from transmitting through this Yardi Mobile App any disparaging, unlawful, profane, hateful, harmful, threatening, abusive, harassing, obscene, vulgar, defamatory, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. You additionally agree, without limitation, not to:

  1. Operate any device, software or routine to interfere or attempt to interfere with the proper working of this Yardi Mobile App or any Yardi Technology (e.g. the Yardi hosted Voyager software platform);
  2. Access or Use this Yardi Mobile App by any means other than through the Yardi-provided user interface for accessing or Using this Yardi Mobile App;
  3. Attempt to decipher, decompile, disassemble or reverse engineer the Yardi Mobile App software or any Yardi Technology;
  4. Frame Yardi Technology in another web page;
  5. Collect or store any data about Yardi Mobile App users;

You agree not to violate any Yardi Mobile App or other Yardi Technology security including, without limitation, (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (b) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus into or through this Yardi Mobile App, overloading, “flooding,” “spamming,” “mailbombing,” “crashing,” or other denial-of-service or other attack. You agree and acknowledge that violations of this Yardi Mobile App’s security or other Yardi security may result in civil or criminal liability.

WARRANTIES DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE YARDI MOBILE APP AND YARDI TECHNOLOGY (OTHER THAN AS EXPRESSLY PROVIDED IN AN AUTHORIZED USER’S AUTHORIZED LICENSE AGREEMENT) AVAILABLE FOR USE VIA THIS YARDI MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YARDI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THIS YARDI MOBILE APP AND THE YARDI TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. YARDI MAKES NO WARRANTY THAT (i) THIS YARDI MOBILE APP WILL MEET YOUR REQUIREMENTS, (ii) THIS YARDI MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS YARDI MOBILE APP OR THE YARDI TECHNOLOGY ACCESSIBLE VIA THIS YARDI MOBILE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY YARDI TECHNOLOGY YOU ACCESS AND USE VIA THIS YARDI MOBILE APP WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THIS YARDI MOBILE APP, OR IN ANY YARDI TECHNOLOGY ACCESSED AND USED VIA THIS YARDI MOBILE APP, WILL BE CORRECTED.

TERMINATION AND YARDI MOBILE APP MODIFICATIONS OR DISCONTINUATION
Upon any termination or expiration of your Authorized License Agreement, (i) all licenses and other rights granted to you under these Terms shall immediate terminate, and (ii) you shall cease using the Yardi Mobile App and delete it from your device. You may terminate these Terms at any time by ceasing to use the Yardi Mobile App and deleting it from your device. Yardi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service and support of this Yardi Mobile App (or any part thereof) with or without notice. You agree that Yardi shall not be liable to you or to any third party for any modification, suspension or discontinuation of the service and support of this Yardi Mobile App.

Yardi Copyright Information:

Copyright © 1999-2014 Yardi Systems, Inc. All rights reserved.

UPDATES TO THIS PRIVACY STATEMENT AND TERMS OF USE FOR YARDI MOBILE APPS
Yardi may, from time to time, update or change the terms, conditions, and notices under which the Yardi Mobile Apps are offered. When Yardi makes any updates or changes, it will revise the “last updated” date at the top of these Terms. You are responsible for regularly reviewing these terms and conditions to see recent changes. By continuing to use the Yardi Mobile Apps after an update to these Terms, your continued use of the Yardi Mobile Apps affirms your agreement to these Terms as updated, amended or modified.

INDEMNITY
You will indemnify, defend and hold Yardi and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Yardi Entities“) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly arising out of or in any way relating to: (iii) your access and Use of this Yardi Mobile App; (ii) any violation or breach of these Terms; or (iii) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any party as a result of your use of the Yardi Mobile App, (collectively, the “Claims“). You are solely responsible for defending any Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Yardi Entities. Yardi shall have the right, in its sole discretion, to select its own legal counsel to defend Yardi from any Claims (but by doing so shall not excuse your defense and indemnity obligations). You shall notify Yardi immediately if you become aware of any actual or potential Claims. You shall not, without the prior written approval of Yardi, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Yardi.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YARDI AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE YARDI MOBILE APP, EVEN IF YARDI OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL YARDI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION ARISING OUT OF YOUR USE OF THIS YARDI MOBILE APP EXCEED $50.00.  THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL REMEDY.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL INFORMATION
You may not assign or transfer these Terms (your right to download and Use this Yardi Mobile App under these Terms), in whole or in part, without the prior written consent of Yardi. Any attempted assignment in violation of these Terms will be null and void and of no force or effect. Yardi may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. These Terms and the relationship between you and Yardi shall be governed by the laws of the United States and the State of California as such laws are applied to agreements entered into, and performed, entirely within the State of California. Any action or proceeding related to or arising out of these Terms shall be resolved only in a court of competent jurisdiction in the City of Santa Barbara, State of California (or the court of competent jurisdiction closest to the City of Santa Barbara, CA if no court of competent jurisdiction resides in the City of Santa Barbara, CA), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. Yardi’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any Terms provision is found by a court of competent jurisdiction to be unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and these Terms shall otherwise remain in full effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.