Rental Credit Report

TERMS OF USE

[Last Updated April 2nd, 2009]

 

GENERAL TERMS AND CONDITIONS

 

Applicability of Terms of Use

 

Use of this web site (this "Website") or any of our products available on this Website requires that you review and accept these Terms of Use. For purposes of these Terms of Use, (i) the terms "you" and "your" means (i) where an individual is accessing this Website for their own personal use, that individual, (ii) where an individual is accessing this Website on behalf of a business (whether or not a legal entity) for that business's commercial use, that business, and (ii) the terms "we" and "us" mean RentBureau®, LLC ("RentBureau"), and (iii) the term "products" means reports, or other goods or services (included legally mandated disclosures of information), available from us through this Website, whether or not payment for those goods or services is required. Your use of this Website is governed by these Terms of Use as well as all applicable state and federal laws, including, but not limited to, the federal Fair Credit Reporting Act ("FCRA"). This Website is provided by RentBureau, which is a consumer reporting agency governed by the FCRA. Your use of this Website or any of the services found on this Website, downloading information from this Website, or utilizing information obtained from this Website, whether in electronic or paper form, means you agree to these Terms of Use. Where an individual is accessing this Website on behalf of a business, both that business and that individual represent that that individual has the authority to bind that business to these Terms of Use. If you do not agree to these Terms of Use, then you must not use this Website. Your failure to abide by these Terms of Use or your inappropriate or unauthorized use of the information obtained through this Website or otherwise appearing on this Website will result in an immediate revocation of your privileges of using any of the services available through or information appearing on this Website.

 

THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. Those provisions form an essential basis of our bargain.

 

These Terms and Conditions are subject to change by RentBureau at any time in its discretion. The date when they were last updated appears above. Your use of this Website after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms of Use regularly.

 

Permitted Use of Website

 

You have a nonexclusive, nontransferable, limited, and revocable right to use this Website solely for informational purposes (including learning about RentBureau, our industry and our products), registering with us (creating an account), requesting, purchasing, accessing and downloading products from us, or, as a consumer, taking various actions permitted of consumers under the tab entitled "Consumers," such as ordering information disclosures and disputing information pertaining to you in our files. You will not use this Website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you will not, and will not authorize any other person to, (i) "co-brand" this Website or any portion of it (i.e. you will not display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give the impression that that party has the right to display, publish, or distribute this Website or content accessible within this Website), or (ii) frame this Website or portion of it (by which this Website or portion of it will appear on the same screen with a portion of another website). You will cooperate with us in causing any unauthorized co-branding, framing or linking to immediately cease.

 

"Permissible Purpose" for Obtaining Consumer Reports

 

You may obtain those products available through this Website that comprise "consumer reports" under the FCRA only if you certify to us that you have a bona fide "permissible purpose" to do so under the FCRA, and restrict your use of those reports to that purpose and no other purpose. You will be prompted to make the certifications at the time your requests the reports. (See the individual product information available on this Website under the tab "Products and Services" for detail regarding the permissible purposes for requesting our various reports.) THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES WILL BE FINED UNDER TITLE 18 [OF THE U.S. CODE], OR IMPRISONED NOT MORE THAN TWO (2) YEARS, OR BOTH.

 

Proprietary Information

 

You acknowledge and agree that the content accessible within this Website is the proprietary information of RentBureau and its content providers, and we and our content providers retain all right, title, and interest in the content; provided that you may have limited rights with respect to the content contained in any products or information disclosures purchased or obtained from us, which limited rights will be specified either elsewhere in these Terms of Use or in writing in connection with your purchase or order of the products or information disclosures. Except as otherwise provided elsewhere in these Terms of Use or in writing in connection with our purchase or order of the products or information disclosures, you will not reproduce, transmit, publish or distribute the content accessible within this Website to any third party without the express written consent of the Company or the applicable content provider; provided that you may print out a copy of content accessible through this Website solely for your personal use. In the case of an information disclosure by RentBureau to you containing information pertaining to you or your rental history, you may disclose that information to third parties for personal purposes, including in connection with your personal rental or financial transactions. Under no circumstances will you remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content obtained from RentBureau through this Website.

 

RentBureau Service Marks

 

RentBureau owns exclusive rights to the service marks "RentBureau®," "RentPredict®" "RentPredict.com™," "RentReveal®," "RentReveal Plus®," "Rent Monitor®," and "RentConfirm™." You may utilize those service marks only in connection with your references to your use of this Website, the services ordered through this Website, or as otherwise authorized by us.

 

Technical Support

 

Technical and customer support will be available through e-mail only.

 

Applicable Law

 

These Terms of Use will be interpreted, construed and enforced according to the laws of the State of Georgia without regard to its principles of conflicts of law.

 

Dispute Resolution; Attorneys' Fees

 

Any claim or controversy between us arising out of or relating to the use of this Website or its subject matter, the products provided by RentBureau, or any acts or omissions for which you may contend RentBureau is liable, will be finally and exclusively settled by arbitration. The arbitration will be held in Fulton County, Georgia, before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association in force at that time (the "Rules"), including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over that award. To begin the arbitration process, a party must make a written demand for arbitration to the other party. The parties will select the arbitrator pursuant to the Rules. The award of the arbitrator will include a determination with respect to all of the claims submitted to the arbitrator and all of the questions submitted to the arbitrator that are necessary in order to determine the controversy. The award will specify the prevailing party and the amount awarded relative to each claim submitted to the arbitrator for decision. In any arbitration or permitted court proceeding involving one or more asserted claims, the prevailing party with respect to each claim will be entitled to recover its reasonable attorneys' fees and costs in connection with that claim.

 

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND RENTBUREAU WILL BE RESOLVED BY BINDING ARBITRATION. THEREFORE YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitration decisions are as enforceable as any court order and are subject to very limited review by a court. By using RentBureau's Website and its products accessible through this Website, you consent to these restrictions.

 

If a claim or controversy arises and the arbitration provisions set forth above be rendered inapplicable or unenforceable, or in any instance of any lawsuit between you and RentBureau, jurisdiction over and venue with respect to any lawsuit will be exclusively in the state and federal courts sitting in Fulton County, Georgia.

 

Disclaimer

 

ANY AND ALL INFORMATION PROVIDED TO YOU THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THAT INFORMATION CONTAINED IN ANY PRODUCTS THAT YOU OBTAIN THROUGH YOUR USE OF THIS WEBSITE, IS PROVIDED TO YOU "AS IS." WE MAKE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS PROVIDED THROUGH THIS WEBSITE, AND DO NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EVEN IF WE ARE NEGLIGENT IN PROCURING, COLLECTING, COMPILING, PROCESSING, INTERPRETING, REPORTING, OR TRANSMITTING REPORTS OR SUCH INFORMATION.

 

EXCEPT FOR INFORMATION AND PRODUCTS CLEARLY IDENTIFIED AS BEING SUPPLIED BY RENTBUREAU, RENTBUREAU DOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION OR PRODUCTS ON THE INTERNET IN ANY WAY. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND YOU ASSUME RESPONSIBILITY FOR MAINTAINING APPROPRIATE SAFEGUARDS AGAINST THOSE RISKS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.

 

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT INFORMATION OBTAINED FROM THIS WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, OR OTHER TYPES OF CODE THAT MAY BE DESTRUCTIVE. IT IS YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE SAFEGUARDS AGAINST THESE RISKS.

 

INACCURATE OR INCOMPLETE DATA CONTAINED IN REPORTS THAT YOU OBTAIN THOUGH THIS WEBSITE MAY CAUSE YOU TO TAKE BENEFICIAL ACTION OR ADVERSE ACTION WITH RESPECT TO A RESIDENTIAL TENANT, RESIDENTIAL TENANT APPLICANT, CREDIT APPLICANT OR OTHER REPORT SUBJECT, AND TO INCUR CERTAIN COSTS ASSOCIATED WITH SUCH ACTION. WE DISCLAIM ANY LIABILITY FOR OR ASSOCIATED WITH ANY SUCH ACTION OR COSTS. WE RESERVE THE RIGHT TO CORRECT OR COMPLETE ANY SUCH INFORMATION WITHOUT PRIOR NOTICE TO YOU. FURTHER, WHEN USING A REPORT OBTAINED FROM US TO EVALUATE THE SUBJECT OF THE REPORT, YOU SHOULD NOT INTERPRET OUR FAILURE TO DELIVER A SCORE OR ANY RENTAL HISTORY OR OTHER INFORMATION PERTAINING TO THE INDIVIDUAL AS A STATEMENT REGARDING THE RISK ASSOCIATED WITH APPROVING THAT INDIVIDUAL OR RETAINING THAT INDIVIDUAL AS A RESIDENTIAL TENANT, BECAUSE THAT FAILURE MAY RESULT FROM ONE OR MORE FACTORS UNRELATED TO ANY SUCH RISK.

 

UNDER NO CIRCUMSTANCES WILL RENTBUREAU, OR OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS (INCLUDING PROVIDERS OF RESIDENTIAL TENANT PERFORMANCE HISTORY INFORMATION), OWNERS, DIRECTORS, MEMBERS, OFFICERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH OUR DELIVERY OF PRODUCTS THROUGH THIS WEBSITE, OR YOUR INABILITY TO ACCESS OR USE THIS WEBSITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IF ANY OF THE PRECEDING LIMITATIONS ARE DEEMED UNENFORCEABLE BY A JUDGE OR ARBITRATOR, THE AGGREGATE LIABILITY OF RENTBUREAU AND THE OTHER ABOVE-REFERENCED PARTIES TO YOU (AND ANY INDIVIDUAL ACTING ON YOUR BEHALF IN CONNECTION WITH REVIEW AND ACCEPTANCE OF THESE TERMS OF USE) FOR ANY ONE OR SERIES OF RELATED ACTS OR OMISSIONS WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO RENTBUREAU BY YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE FIRST OF THE EVENTS GIVING RISE TO THE LIABILITY.

 

RENTBUREAU WILL NOT BE LIABLE TO YOU FOR ANY DELAY OR INTERRUPTION IN PERFORMANCE OF ANY OBLIGATION IT MAY HAVE TO YOU RESULTING FROM GOVERNMENTAL EMERGENCY ORDERS, JUDICIAL OR GOVERNMENTAL ACTIONS, EMERGENCY REGULATIONS, SABOTAGE, RIOTS, VANDALISM, ACTS OF GOD, FIRES, ELECTRICAL FAILURES, OR MAJOR COMPUTER HARDWARE OR SOFTWARE FAILURES BEYOND ITS REASONABLE CONTROL.

 

YOU WILL INDEMNIFY AND HOLD HARMLESS RENTBUREAU AND ITS LICENSORS, SUPPLIERS, CONTENT PROVIDERS, OWNERS, DIRECTORS, MEMBERS, OFFICERS, AGENTS AND OTHER REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, COST, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) RESULTING FROM OR ARISING OUT OF ANY THIRD PARTY CLAIM ASSERTED AGAINST AND OF THEM TO THE EXTENT THAT THE THIRD PARTY CLAIM AROSE OUT OF OR RESULTED FROM YOUR FAILURE TO PERFORM IN ACCORDANCE WITH OR ABIDE BY THESE TERMS OF USE OR YOUR RESPONSIBILITIES UNDER THE LAW.

 

Additional Rights

 

Certain states or jurisdictions do not allow certain types of limitations on damages or the disclaiming of implied warranties. In that case, the exclusions above may not apply.

 

No Third Party Beneficiaries

 

No provision of these Terms of Use provides any person or entity not a party to them (other than an individual acting on your behalf in connection with review and acceptance of these Terms of Use) with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

 

Notices

 

RentBureau may give notice to you by e-mail to your e-mail address of record with us (which may be obtained when you register or open an account with us), or by means of a general message displayed on the home page of this Website.

 

ADDITIONAL TERMS PERTAINING TO RENTPREDICT.COM AND RENTCONFIRM

 

Grant of Limited Use Rights to RentPredict.com and RentConfirm

 

Subject to these Terms of Use, and upon your completion and our acceptance of your registration, we grant you a nonexclusive, nontransferable, limited, and revocable right to utilize the products applicable to your registration, and we authorize you to access, download, store and use for the purposes certified in these Terms of Use and for no other purpose. You will hold all information contained in those reports in strict confidence; i.e., you will not reproduce, reveal, disclose, or make the information accessible in whole or in part, in any manner whatsoever, to any other person unless required by law, or unless you first obtain RentBureau's consent; provided that you may disclose the information to your principal if you are acting as authorized agent for that principal (provided that principal is bound to maintain the confidentiality of the information), or to the subject of the report required. Your failure to abide by these Terms of Use or your inappropriate or unauthorized use of the information you obtain through RentPredict.com or RentConfirm or otherwise appearing on this Website will, in our sole and absolute discretion, result in an immediate revocation of your license and any and all privileges of using the RentPredict.com and RentConfirm web pages.

 

Compliance with Federal and State Law

 

You will comply with the provisions of the FCRA and state law applicable to users of consumer reports. [Please see the Tab entitled "Members," and click on "Disclosures," and please read the contents contained under Section 2 ("Disclosures to Resident Report Subscribers"), which summarize your obligations under the FCRA as a use of a consumer report.] When ordering a RentPredict.com Report or a RentConfirm Report, you will be deemed to represent that you have read the above-reference disclosures.

 

Failure of RentBureau to Return Information in a RentPredict.com Report or a RentConfirm Report

 

When evaluating the subject of a request for a RentPredict.com Report or RentConfirm Report, you should not interpret our failure to deliver a score or any rental history or other information pertaining to the individual as a statement regarding the risk associated with approving that individual or retaining that individual as a residential tenant, because that failure may result from one or more factors unrelated to any such risk.

 

Referral to RentBureau or Consumer that Disputes Information

 

In addition to any other obligation you have under these Terms of Use or applicable law, you will refer to us the individual subject of a report that you have obtained through this Website whenever that individual disputes information in that report that you have disclosed to that individual.

 

Registration

 

This Website requires you to register (set up an account) to request, access, purchase, and download our report products offered under the names RentPredict.com and RentConfirm. In connection with your registration, you agree to provide the requested information truthfully, accurately, and completely. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your registration and refuse any and all current or future use of this Website.

 

You will create a username and password during the registration process in order to set up your account. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username or password. You agree to (i) notify immediately RentBureau, at the contact information listed on this Website, of any unauthorized use of your username, password, or account or any other breach of security with respect to your account, and (ii) ensure that you exit from your account at the end of each session. You agree that RentBureau will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements. In connection with your registration to use this Website, RentBureau may undertake a background check and other due diligence on you. You (and any individual acting on your behalf in connection with review and acceptance of these Terms of Use) authorize RentBureau to undertake such background check and due diligence, including obtaining personal or business credit reports on you. We reserve the right, in our sole and absolute discretion, to decline your registration based on such background check or other due diligence, and you (and any individual acting on your behalf in connection with review and acceptance of these Terms of Use) agree to hold us harmless for any such decline.

 

Billing and Payment

 

Following any free access period indicated on the relevant RentPredict.com or RentConfirm web page, RentBureau may charge a one-time setup fee and a transaction fee for each hit. A "hit" occurs when you request a RentPredict.com Report or a RentConfirm Report, and information or a risk score (in the case of RentPredict.com) or a confirmation of a resident's prior rental address (in the case of RentConfirm) is returned from our proprietary database of residential tenant performance histories. If no information or score is returned in a RentPredict.com Report, or no confirmation is returned in a RentConfirm Report, then no hit occurs and there is no transaction fee. Except as otherwise provided on the relevant product web page, and unless you have been enrolled by RentBureau in its corporate billing program, which is available to qualified data contributors, you must maintain a valid credit or debit card on file to order reports. Your use of this Website constitutes consent for RentBureau to charge the credit or debit card on file. There will be no refund for a RentPredict.com Report or a RentConfirm report once you access it. All fees are exclusive of taxes, levies, or duties, which are your sole responsibility. We reserve the right to modify the fees or introduce new fees at any time upon notice to you, which notice may be provided by e-mail or posted on this Website. If your credit or debit card on file expires and you do not update the billing and administrative information for the card, you will not be able to use the services on this Website. If your card does expire, we reserve the right to charge a reconnect fee to restart your account. In addition to any other rights granted to us in these Terms of Use, we reserve the right to suspend or terminate your registration with RentConfirm or RentPredict.com if your account becomes delinquent (falls into arrears) or you fail to maintain a valid credit or debit card on file for your account. Delinquent amounts owing are subject to interest of 1.5% per month, or the maximum permitted by law, whichever is less, plus all expenses of collection, including attorneys' fees. You agree that we may bill you for any unpaid fees.

 

Audits

 

If you access RentPredict.com Reports or RentConfirm Reports through this Website, we will have, for three (3) years following your last access of such reports, the right at our expense to audit your policies, procedures, and records pertaining to these Terms of Use in order to evaluate your compliance. We will provide reasonable advance notice of any audit and will conduct on-site audits only during normal business hours.