Text Alert Terms & Conditions

THESE TERMS & CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION. READ THESE TERMS & CONDITIONS CAREFULLY AS THEY LIMIT CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

Holmdel Pointe and contracted entity BetterNOI, LLC offer message services related to your rental and/or rental application via recurring SMS (Short Message Service) and/or MMS (Multimedia Message Service) text alerts. By enrolling to receive text alerts, you 3 agree to these terms and conditions, which become effective upon your enrollment.

The text alert service is offered on an “as is” basis and may not be available in all areas or at all times. Holmdel Pointe and/or Better Leasing, LLC may discontinue the text alert service at any time in their sole discretion without notice or liability to you.

There is no separate charge for text alerts; however, mobile carrier message and data rates may apply. You are solely responsible for any message and data charges incurred pursuant to the terms and conditions of your mobile phone contract.

You may opt out of text alerts at any time. To stop receiving text alerts, please sign into your account and in the "Opt-In Communications" section of the page turn the toggle off for the phone numbers you wish to not recieve messages and click "Update Preferences" 1

Review our Privacy Policy.2

ARBITRATION OF DISPUTES PROVISION: Arbitration is a method of resolving claims and disputes between parties without having to file a lawsuit in court. EXCEPT FOR DISPUTES OR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES AND CLAIMS OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO STATUTORY AND COMMON LAW CLAIMS AND CLAIMS FOR EQUITABLE RELIEF BETWEEN YOU, ON THE ONE HAND, AND Holmdel Pointe AND/OR BETTER LEASING, LLC, ON THE OTHER HAND, ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS & CONDITIONS OR TEXT ALERT SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION IF EITHER YOU, Holmdel Pointe AND/OR BETTER LEASING, LLC ELECT TO ARBITRATE. IF A CLAIM GOES TO ARBITRATION, NEITHER YOU NOR Holmdel Pointe AND/OR BetterNOI, LLC SHALL HAVE THE RIGHT TO: 1) HAVE A COURT OR A JURY DECIDE THE CLAIM; 2) ENGAGE IN DISCOVERY TO THE SAME EXTENT THAT PARTIES COULD IN COURT; OR 3) PARTICIPATE IN A CLASS ACTION IN COURT OR

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1. For example: stop_text@betternoi.com. While BetterNOI does not have to offer an email, it is recommended that an email, phone number or webpage be provided as an additional option, so an option at no additional cost to the consumer is also available.

2. Because the text message service involves obtaining phone numbers, it is recommended that BetterNOI make its Privacy Policy available at the same time as the Text Alert Terms & Conditions. This can be done with a hyperlink, similar to the Application Portal. 4

IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. If You, Holmdel Pointe and/or BetterNOI, LLC elect to arbitrate a claim or dispute, the electing party must notify the other party or parties in writing. Said notice can be given after the beginning of a lawsuit and can be given by way of a motion or other paper(s) served in the lawsuit.

The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), applies to and governs this arbitration provision. Illinois law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this provision.

This arbitration provision shall survive the termination of text alert services, including if you subsequently opt out of text alert services. This arbitration provision applies to and runs to the benefit of your, Holmdel Pointe and BetterNOI, LLC’s respective assigns, successors, executors, heirs and/or representatives.

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its rules and procedures in effect at the time arbitration is started. You may obtain a copy of those rules and procedures at www.adr.org. Any court having jurisdiction may enter judgment upon the arbitrator’s award.

If any term of this arbitration provision, other than the class action waiver described above, is held to be invalid or unenforceable, the remaining terms are severable and enforceable to the fullest extent permitted by law.