Acceptance Of Terms Of Service

Thank you for visiting Yardi Systems, Inc. Please read these Terms of Use ("Terms") carefully before accessing or using this website ("Site"). By accessing or using the Site, you agree to be bound, without limitation or qualification, by the Terms. If you do not accept any of the Terms stated here, do not use the Site. Yardi Systems, Inc. may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. In addition, your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

PROHIBITED ACTIVITIES
You are prohibited from transmitting through or posting on our site 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, otherwise violate any law. All determinations regarding the removal of such material shall be made in Yardi Systems sole discretion.

You agree that you will not use our site or our services for chain letters, junk mail, "spamming," or commercial activities of any kind, unless specifically and expressly permitted by Yardi Systems.

ACCEPTABLE SITE USE
The Site may be used only for lawful purposes by individuals seeking information about Yardi Systems' products and services. Yardi Systems specifically prohibits any use of the Site, and you agree not to use the Site, for any specific prohibited use or to violate the Site security, as explained below.

You agree not to use the Site to:

Operate any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
Commence any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure;
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Access the Site by any means other than through the interface that is provided by Yardi Systems for use in accessing the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
Disclose or share your password with any third parties or use your password for any unauthorized purpose;
Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the navigation engine and search agents available from Yardi Systems on the Site and other than generally available third party web browsers (e.g., Microsoft Explorer or Netscape Navigator);
Engage in the practices of "screen scraping" or "database scraping" to obtain lists of Internet Keywords, URLs, users, customers, affiliates, or other information;
Attempt to decipher, decompile, disassemble or reverse the engineering of any of the software comprising or in any way making up a part of the Site;
Frame Site content in another web page;
Collect or store personal data about other users of the Site or subscribers of Yardi Systems;
Except as expressly provided elsewhere on the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

WEB SITE SECURITY
You agree not to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, to any email address listed on the Site, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You agree and acknowledge that violations of the Site's security may result in civil or criminal liability, and that Yardi Systems, Inc. will investigate any possible violation of the Sites' security and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

CLIENT PASSWORDS AND SECURITY
The following areas of the Site are accessible only to clients of Yardi Systems, Inc. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account, whether or not authorized by you. You agree to (a) immediately notify Yardi Systems of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Yardi Systems cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.

INDEMNITY
You agree to indemnify and hold Yardi Systems, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or your breach of these Terms, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YARDI SYSTEMS EXPRESSLY DISCLAIMS 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.

b. YARDI SYSTEMS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICESPURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YARDI SYSTEMS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALNAMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YARDI SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THE SITE.

MODIFICATIONS TO SITE
Yardi Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Yardi Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

INTELLECTUAL PROPERTY
Yardi Systems, Inc. Information:
Yardi Systems, the Yardi Systems Logo are servicemarks of Yardi Systems, Inc. Without prior permission, you agree not to display or use in any manner the Yardi Systems servicemarks.

Yardi Systems respects the intellectual property of others and we ask our Internet subscribers and Site users to do the same. If you believe that any information found herein infringes your intellectual property, please notify us immediately.

GENERAL INFORMATION
The Terms constitute the entire agreement between you and Yardi Systems and govern your use of the Site, superceding any prior agreements between you and Yardi Systems, except any applicable subscription you have entered into with Yardi Systems, which will continue in full force in effect by its own terms. The Terms and the relationship between you and Yardi Systems shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yardi Systems agree to submit to the personal and exclusive jurisdiction of the state courts located within the county of Santa Barbara, California or federal courts in the Southern District of California. The failure of Yardi Systems to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

VIOLATIONS OF THE TERMS
Please report any violations of these Terms to our Customer Service group.