RentPrep Terms and Conditions
RentPrep Screening Solutions LLC dba RentPrep (hereinafter “RentPrep,” “we,” or “us”) is a consumer reporting agency that provides consumer information (hereinafter “Consumer Reports”) to property management companies and landlords for tenant screening solely in connection with permissible purposes under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and all other applicable laws and regulations.
These terms and conditions (“Terms and Conditions” or “Agreement”) govern your receipt and use of any Consumer Report provided by RentPrep, as well as your access and use of RentPrep’s webpages (including all content under the rentprep.com domain and associated subdomains), social media sites, and applications (collectively, the “Site”) and information, products, services, and technologies offered via the foregoing (collectively, including the Site, “RentPrep Services”).
You must read this Agreement carefully.
Important Notice Regarding Arbitration
WHEN YOU ACCEPT THIS AGREEMENT, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RENTPREP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
1.0 Agreement
By using the RentPrep Services, you agree to be bound by this Agreement. If you don’t agree to be bound by this Agreement, you may not use RentPrep Services.
If you are accessing or using RentPrep Services on behalf of a company or other legal entity (such as a trust or limited liability company of which you are a member), you represent and warrant that you have the authority to bind that entity to this Agreement. In that case, “you” and “your” will refer to that legal entity.
2.0 Privacy Policy, FCRA, and other terms apply
Our Privacy Policy, located at rentprep.com/about/security-privacy, is incorporated into this Agreement. Your use of RentPrep Services is subject to this Privacy Policy, which contains important details concerning how RentPrep collects and uses information, including your nonpublic personal and financial information. There, you will learn what categories of information RentPrep may collect about you, when it may collect that information, and the circumstances in which it may use and disclose that information. If you have any questions or concerns relating to your RentPrep account, you may contact us by calling (888) 877-8501 or emailing screening@rentprep.com.
Your use of RentPrep Services is also subject to your agreement to comply with the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., its implementing Regulation V, 12 C.F.R. Part 1022 et seq., and other applicable laws.
3.0 Who may use RentPrep Services
You may use RentPrep Services only if you are above the age of majority, competent to form a legally binding contract, and agree to be bound by this Agreement. If you are an agent, you must be acting with full authority to bind a principal who meets the foregoing criteria.
4.0 Modifications
We may update this Agreement from time to time in our sole discretion. If we do, we’ll let you know by posting a revised Agreement on a Site along with the effective date, and we may also send other communications. It’s important that you review this Agreement whenever we update it.
If you continue to use RentPrep Services after we have posted an updated Agreement, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may no longer use RentPrep Services.
Because RentPrep Services are evolving over time, we may change or discontinue all or any part of RentPrep Services, at any time, at our sole discretion. If at any time you do not agree to any terms within this Agreement, you must stop using RentPrep Services.
5.0 Online risks
You acknowledge that engaging in online transactions has inherent risks and is susceptible to interruption. By using RentPrep Services, you agree to and accept the following risks:
• Online information transmission can be disrupted. You accept the risk that our Site could be affected by technical difficulties that impede your ability to obtain, view, or deliver information or execute a transaction, including in time-sensitive transactions.
• Transactions may require additional documentation or verification. We may require additional information from you, such as execution of contracts or submission of documents, before we can complete a transaction. It is your responsibility to verify the status of any attempted transaction and to execute and submit necessary documents in a timely manner. We shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems of the website, your computer device, or your failure to confirm any attempted transaction.
• Login credentials can be misappropriated. When you create an account, you agree to use a username with a password that is complex, secure, and private and to protect your login credentials. You agree to accept the risk of unauthorized access and use of your account if your credentials are guessed, stolen, or intercepted, or if our system is breached or used without proper authorization. If you learn of any unauthorized use of your password or account, you must contact us immediately (using contact information on our Site). We are not responsible for any unauthorized access to or use of your account.
• Cyberattacks occur. You understand that cyberattacks occur and that your data may not be completely safe on any computer system or network. However, there are certain steps that you can take to protect the safety and security of your data and you agree to take reasonable measures to do so.
6.0 Creating a RentPrep User Account
To access or acquire RentPrep Services, you may be required to create an account with us (a “User Account”), as described in this section. You may create a User Account by providing your email address and name, creating a unique password, and acknowledging and agreeing to comply with this Agreement and our Privacy Policy.
6.1. Third-party payment service providers. We may work with third-party payment service providers to establish payment functionality through your RentPrep User Account. When creating your RentPrep User Account, you may be presented with and required to agree to the terms of service and privacy practices of such third-party payment services providers.
6.2. General restrictions relating to your RentPrep User Account. By opening a RentPrep User Account, you accept and agree to the following rules:
• You must provide us with accurate, complete, and current account information and keep this information up to date.
• You are prohibited from sharing or transferring your User Account credentials to another user.
• To protect your User Account, you must keep your User Account details confidential. Notify us immediately if you detect unauthorized use, or if you know of or suspect a breach of security.
• You are responsible for all activities that occur under your User Account, whether or not you know about or consent to them.
7.0 Fees
You are responsible for paying all costs and fees for RentPrep Services rendered to you, consistent with RentPrep’s then-applicable prices. You understand and agree that charges are not dependent on any specific findings or results in reports ordered.
8.0 Scope of information provided
RentPrep shall deliver information consistent with the service descriptions set forth on a Site at the time of the relevant request. You understand that you will not receive information contained within Consumer Reports from RentPrep that falls outside of the search scope or information that RentPrep determines-in its sole discretion-to be unreportable under applicable law.
9.0 Permissible purposes for receiving Consumer Reports
You hereby certify that you shall request, obtain, and use Consumer Reports from RentPrep exclusively for the following permissible purposes under the Fair Credit Reporting Act:
[XX] For tenant screening purposes, upon the written instructions of the person to whom it relates. See 15 U S.C. § 1681b(a)(2).
You shall not request, obtain, or use Consumer Reports from RentPrep for any other purpose. Among other things, you shall not request Consumer Reports for the purpose of selling, leasing, or renting information obtained under this Agreement to any other party, whether alone, in conjunction with your own data, or otherwise in any service which is derived from the Consumer Reports provided by RentPrep.
WARNING: THE FAIR CREDIT REPORTING ACT PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO (2) YEARS, OR BOTH. See 15 U.S.C. §1681q.
10.0. Tenant screening reports
Certain legal requirements apply when you order Consumer Reports for tenant screening purposes, only some of which are highlighted in this Agreement. You certify that you will work with experienced legal counsel, as appropriate, to ensure that you identify and comply with all applicable legal requirements relating to your acquisition and use of Consumer Reports from RentPrep for tenant screening purposes.
10.1. Certification: By ordering any Consumer Report from RentPrep for tenant screening purposes, you certify that:
1. You have provided all necessary notices and disclosures in a timely manner under applicable law to the consumer who is the subject of the Consumer Report that a report may be procured for tenant screening purposes.
2. The consumer who is the subject of the Consumer Report has provided written authorization for the procurement of such report.
3. The consumer’s authorization or consent states the purpose of the Consumer Report and the nature of the screening, in compliance with the Fair Credit Reporting Act.
4. The Consumer Report shall be used exclusively for tenant screening purposes and no other purpose.
10.2. Adverse-action notices. If you decide to take adverse action based, in whole or in part, upon the information contained in a Consumer Report provided by RentPrep, you certify that you shall issue to the consumer in a timely manner the adverse-action notice that complies with the requirements of the Fair Credit Reporting Act and its implementing regulation, Regulation V.
For purposes of tenant screening, the adverse action shall include, but will not be limited to, denying a tenant application, charging a higher security deposit or rental rate, requiring a cosigner, or offering less desirable lease terms.
The adverse-action notice shall be substantially similar in form and content to the sample notification forms published in Appendix C of Regulation V and, among other things, shall include a statement that:
1. The consumer credit decision was based in whole or in part on information obtained in a report from a consumer reporting agency;
2. The name, address, and telephone number of the consumer reporting agency is RentPrep, 1821 Como Park Boulevard, Lancaster, New York 14086, Phone (888) 877-8501;
3. The consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken;
4. The consumer may obtain a free copy of the consumer report from the consumer reporting agency within sixty (60) days pursuant to Section 612 of the Fair Credit Reporting Act;
5. The consumer has the right to dispute the accuracy or the completeness of any information in a consumer report furnished by the agency; and
6. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the FTC Regional Office for the region in which the creditor operates or Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
11.0. Investigative Consumer Reports
Additional legal requirements may apply when you order an investigative consumer report, which focuses on the subject’s personal character and is distinguishable from an evaluation of the subject’s creditworthiness (an “Investigative Consumer Report”), for tenant screening purposes. You certify that you will work with experienced legal counsel, as appropriate, to ensure that you identify and comply with all applicable legal requirements relating to your acquisition and use of Investigative Consumer Reports, only some of which are highlighted in this Agreement.
For purposes of this Agreement, an Investigative Consumer Report refers to any report, or portion of a report, in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the subject of the report is acquainted or who may have knowledge concerning any such items of information. You understand that RentPrep may not prepare or furnish an Investigative Consumer Report that contains information that is adverse to the interest of a consumer and that is obtained through a personal interview with a neighbor, friend, associate, or other acquaintance of the consumer unless RentPrep has followed reasonable procedures to confirm the information from an additional source with independent and direct knowledge of the information or the person interviewed is the best possible source of the information.
11.1. Disclosures. Before ordering any Investigative Consumer Report from RentPrep, you certify that you shall provide all necessary notices and disclosures in a timely manner under applicable law to the consumer who is the subject of the report. You shall clearly and accurately disclose in writing that an Investigative Consumer Report, including information as to character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be obtained. The disclosure shall be mailed or otherwise delivered to the consumer with a summary of the consumer’s rights provided for under the Fair Credit Reporting Act, 15 U.S.C. § 1681g(c), or other applicable law.
The disclosure shall also include a statement informing the consumer of a right to submit a written request for additional information, pursuant to 15 U.S.C. § 1681d(b), within a reasonable period of time after the receipt of the disclosure.
11.2. Certification. By ordering any Investigative Consumer Report from RentPrep, you certify that you have fully complied with the above requirements in this section and otherwise met all legal requirements for receiving an Investigative Consumer Report. Further, upon receipt of a request by a consumer for additional information about the Investigative Consumer Report, you shall disclose in writing in a timely manner the nature and scope of the investigation, which shall be complete and accurate. See 15 U.S. Code § 1681d(b).
12.0. Credit score
If you decide to take adverse action based upon a credit score provided by RentPrep, whether in whole or in part, you certify that you shall also include in any required adverse-action notice the following:
1. A statement that you obtained a credit score from the consumer reporting agency and used it in your decision;
2. An explanation that a credit score is a number that reflects information in the consumer’s Consumer Report and that a credit score can change, depending on how the information in the Consumer Report changes;
3. The credit score, date of that score, and the available range of scores possible; and
4. The key factors that adversely affected the consumer’s credit score.
13.0 Criminal Histories
Some states and municipalities prohibit or impose restrictions on the use of criminal history information for tenant screening purposes. The U.S. Department of Housing and Urban Development has recommended a multistep process when evaluating applicants’ criminal history information to avoid disparate impact. You certify that you will work with experienced legal counsel, as appropriate, to ensure that you identify and comply with all applicable legal requirements relating to your acquisition and use of criminal histories.
14.0 Credit Information
You certify that you will work with experienced legal counsel, as appropriate, to ensure that you identify and comply with all applicable legal requirements relating to your acquisition and use of credit reports from RentPrep.
If you choose to order credit reports from RentPrep, you acknowledge that before access to credit history information may be provided, credit bureaus may require: (a) a background investigation; (b) an initial and annual physical site inspection of your premises (the costs of which you will incur); (c) investigation to determine the security measures and access restrictions you have in place; and (d) training of employees.
15.0 TransUnion rental screening solutions terms
Special requirements are imposed by TransUnion® Rental Screening Solutions (“TURSS”) before access to its SmartMove® or other tenant screening products or services is provided by RentPrep. If you order “SmartMove” services or information from RentPrep, you agree to the TURSS Service Agreement found at: rentprep.com/transunion-user-agreement/. You understand and agree that the TURSS Service Agreement supplements, but does not replace, these Terms and Conditions.
16.0 Security obligations
Consumer Reports contain sensitive, personal information. Accordingly, you agree to exercise reasonable care to protect the security of the information provided pursuant to this Agreement. At a minimum, this shall include:
a. Preventing misuse of RentPrep Services. You shall request Consumer Reports only for one (1) use and exclusively for the permissible purpose(s) identified in this Agreement. You shall take appropriate measures to protect against the misuse and/or unauthorized access of Consumer Reports.
b. Maintaining User Account. You are responsible for the administration and control of your RentPrep User Account and shall identify a security administrator to coordinate with RentPrep. You shall manage all User Accounts and notify RentPrep promptly if any User Account becomes inactive or invalid. You shall follow the policies and procedures of RentPrep with respect to account maintenance as communicated to you from time to time.
c. Limiting access. You shall disclose Consumer Reports, Investigative Consumer Reports, Criminal Histories, or Credit Information internally only to designated and authorized employees and agents who possess a need to know the information, and only in accordance with this Agreement and applicable law. You shall prohibit employees and agents from accessing, or attempting to access, any Consumer Reports, Investigative Consumer Reports, Criminal Histories, or Credit Information pertaining to themselves, associates, or any other person except in the reasonable exercise of their official duties.
d. Limiting distribution. You shall hold any information obtained from RentPrep Services in strict confidence and not disclose it to any third parties except as necessary to comply with adverse-action requirements under the Fair Credit Reporting Act or as otherwise required by law.
e. Security incidents. You shall have a data security incident plan in place. In the event that you learn or have reason to believe that information provided by RentPrep has been disclosed or accessed by an unauthorized party, you shall immediately give RentPrep notice of such event. If the incident involves personally identifiable information, you shall, in compliance with the law, notify the individuals whose information was disclosed. You shall be responsible for any other legal obligations which may arise under applicable law in connection with such an incident.
f. Disposal. You shall comply with the Disposal Rule of the Fair Credit Reporting Act by disposing of Consumer Reports, Investigative Consumer Reports, Criminal Histories, Credit Information, and/or other information containing personally identifiable information in a safe, effective, and permanent manner.
g. Written information security plan. You shall implement and maintain a comprehensive written information security plan that describes administrative, technical, and physical safeguards appropriate to the size, complexity, nature, and scope of your activities and the sensitivity of the information provided to you by RentPrep.
If we believe that you have violated or are violating any of the above, RentPrep may temporarily suspend your access to your User Account pending an investigation. You agree to cooperate fully with any and all investigations. If any misuse or unauthorized access is found, RentPrep may immediately terminate this Agreement and your User Account.
17.0 No legal advice
You acknowledge the importance of complying with your obligations under applicable law and agree that you will consult with legal counsel, as appropriate, regarding the acquisition and use of RentPrep Services.
You understand and agree that:
• RentPrep is not a law firm and does not provide legal advice in connection with RentPrep’s furnishing of Consumer Reports, Investigative Consumer Reports, Credit Histories, or Credit Information to you or your use of such reports.
• Any communications by RentPrep’s employees or representatives regarding searches, verifications, or the content of Consumer Reports, Investigative Consumer Reports, Credit Histories, or Credit Information are not to be considered or construed as legal advice.
• You shall consult with legal counsel, as appropriate, before deciding whether to act upon information reported by RentPrep.
• Sample forms or documents made available by RentPrep, including, but not limited to, sample disclosure notices, written authorizations, and adverse-action notices are offered solely as a courtesy and should not be construed as legal advice.
• You shall consult with legal counsel as appropriate to make sure that you are using appropriate documents that comply with any and all applicable laws and before choosing to use any RentPrep sample documents, forms, or templates offered by RentPrep.
If you choose to use any RentPrep sample document, form, or template offered by RentPrep, whether in part or whole, such documents shall be considered your own and you shall indemnify and hold harmless RentPrep, its affiliates and subsidiaries, and respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings, or other actions, whether at law or in equity (“Claims”) related to such access, use, and/or misuse of any such sample document, form, or template.
18.0 Consumer disclosures, consents, and notices
If you opt to have RentPrep’s background screening system generate, on your behalf, any consumer disclosures, consents, or notices, you acknowledge that such documents are being sent or requested solely at your direction. You also acknowledge that you have the opportunity to review the manner and formatting in which disclosures, consents, and notices shall be presented to your consumers through RentPrep’s system and can request the opportunity to do so again by contacting RentPrep directly.
You accept full and exclusive responsibility for the content and formatting of the disclosures, consents, and notices to be presented by RentPrep’s system on your behalf. You understand that your use of RentPrep’s system to handle your disclosure and authorization responsibilities is strictly voluntary, and that you may at any time elect to use your own materials outside of the system-generated process described above by providing written notice to RentPrep.
You further understand and agree that your use of the electronic process described in this section does not lessen in any way your independent legal obligation to comply with the applicable requirements of local, state, or federal law. You remain fully and exclusively responsible for complying with all background
screening laws that apply, including the Fair Credit Reporting Act. You hereby agree to indemnify, defend, and hold harmless RentPrep, its affiliates, subsidiaries, and respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings, or other actions, whether at law or in equity, related to the disclosures, consents, notices, authorizations, system, and process discussed in this section.
You acknowledge that you have received a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” and “Notice to Users of Consumer Reports.”
19.0 You are responsible for your decisions
RentPrep Services are offered to you upon the express condition that you will remain fully responsible for your own decisions and actions. RentPrep accepts no responsibility for any decisions or actions that you take based upon the information or products provided to you. You understand and agree that RentPrep does not make the decision to take any adverse action based on any reported findings in the RentPrep investigation process. You accept full responsibility for any decision or adverse action made in part or whole on a Report provided by RentPrep.
20.0 Rights related to the Content available through RentPrep Services
20.1. RentPrep Content. When you access, use, or visit our Site or accept, acquire, inquire about, purchase, or seek RentPrep Services, you may be presented with content that is created, derived, distributed, published, provided, or shared by RentPrep; nonaffiliated third parties, such as data brokers, contractors, media or publication companies, vendors, suppliers, and other product or service providers; and users of our Site or Services like yourself.
The term “RentPrep Content” shall include, without limitation, any and all analyses, audio-visuals, branding, code, data, formulas, graphics, images, information, listings, logos, materials, music, offerings, performance metrics, photographs, products, programming, projections, reports, software, statements, summaries, text, tools, trademarks, or works of authorship of any kind, or any other data, information, or materials that arise out of and/or are assembled, created, designed, generated, licensed, posted, provided, shared, or otherwise made available by or on behalf of RentPrep through the Site and/or the RentPrep Services.
You hereby acknowledge and agree that:
• All RentPrep Content is owned or controlled by RentPrep and protected by copyright, patent, trademark, trade secret, proprietary, or other intellectual property rights and laws;
• You will keep confidential and not use or disclose any RentPrep Content for any purpose other than as authorized by law;
• You will not modify, copy, distribute, encumber, lease, loan, scrape, sell, share, or incorporate into derivative works any RentPrep Content, in whole or part, nor take measures to gather, mine, or extract through any means or methods the RentPrep Content made available to you through the RentPrep Services;
• You will not attempt to access, search, or view our Site or download RentPrep Content from the RentPrep Services, whether by automated means or manually, through the use of any agent, engine, device, mechanism, software, or tool, including, without limitation, crawlers, data-mining tools, robots, spiders, or the like, other than the software and/or search agents provided by RentPrep or other generally available third-party web browsers;
• You will not use any meta tags or other hidden text or metadata utilizing any RentPrep Content without our express written consent; and
• You will not use RentPrep Content for any commercial or other purpose not expressly set forth in this Agreement.
20.2. Third-Party Content. We may provide you with analyses, audio-visuals, branding, code, data, estimates, formulas, graphics, images, information, listings, logos, materials, music, offerings, performance metrics, photographs, products, programming, projections, reports, software, statements, summaries, targets, text, tools, trademarks, valuations, or works of authorship that are assembled, created, designed, generated, licensed, posted, provided, shared, or otherwise made available by other Site users or by nonaffiliated third parties (collectively, “Third-Party Content”).
You do not acquire any proprietary rights, including intellectual property rights, in or to any of the Third Party Content. Instead, to the fullest extent of the law, all rights associated with Third-Party Content remain solely and exclusively with the creator, owner, or licensor of the content. See the section entitled “Preservation of intellectual property rights and restrictions of use of content” to learn about the important restrictions on your use of Third-Party Content.
You acknowledge sole responsibility for, and assume all risk arising from, your access to, use of, or reliance on any Third-Party Content.
20.3. User Content. Our Site may allow you to share content, such as analyses, audio-visuals, branding, code, data, estimates, formulas, graphics, images, information, listings, logos, materials, music, offerings, performance metrics, photographs, products, programming, projections, reports, software, statements, summaries, targets, text, tools, trademarks, valuations, or works of authorship in comments, forums, or exchanges with other users. For purposes of clarity and to avoid misunderstanding, personal information, including financial information, that you provide to us to create a User Account or to enter a transaction with us is NOT “User Content” to the extent that you do not post, share, or otherwise make such information publicly available to other users, and shall at all times remain subject to our Privacy Policy.
Anything (other than Feedback) that you post, share, or otherwise make available to other users through our Site is referred to in this Agreement as your “User Content.” RentPrep does not claim ownership
rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to your own User Content.
20.4. No endorsement. We do not endorse any Third Party or User Content or other products or materials available through or on the RentPrep Services.
Our Site may contain links or promotions for products and services of third parties, including companies that pay marketing or referral fees to us. Our promotion of such third parties is intended to be a convenience to you and to introduce you to the company, and is not an endorsement of their services or products. You are never required to contact or use the services of the third parties mentioned to you by us. We disclaim any liability for any third-party information or products offered.
Third-party sites may have their own Terms of Use, Privacy Policies, and security practices that are different than ours. It is your responsibility to read and understand the policies and practices of those sites before agreeing to use the site. You acknowledge sole responsibility for, and assume all risk arising from, your use of third-party sites or services.
20.5. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the RentPrep Services that you share with us, whether on our Site, via email to screening@rentprep.com, or through other means (collectively, “Feedback”).
Feedback shall not be considered User Content. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
20.6. Endorsements and testimonials. You agree that your User Content and Feedback will comply with:
(a) the FTC’s Guides Concerning the Use of Testimonials and Endorsements in Advertising; (b) the FTC’s Disclosures 101 for Social Media Influencers Guide; and (c) the FTC’s Native Advertising Guidelines (available at ftc.gov/business-guidance/resources) and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law.
You, and not RentPrep, are solely responsible for any endorsements or testimonials you make regarding any product or service through the RentPrep Site. We may immediately suspend or terminate your use of the RentPrep Services or your associated User Account for any breach of this section.
Further, you grant RentPrep and its affiliates the irrevocable, perpetual, and worldwide right to use, in whole or in part, your statements, opinions, and/or testimonials “as is,” edited, paraphrased, amplified, shortened, and/or put in conversational form, whether made prior to or after the effective date of this Agreement (collectively “Statements”), in connection with the advertising and promotion of RentPrep’s or any of its affiliates’ products or services. Such right shall include, without limitation, the right to use your Statements alone or incorporated in any type of materials, including any and all promotional, marketing, and/or advertising materials, whether existing prior to or prepared, developed, or created after the effective date of this Agreement (collectively, “Materials”), in whole or in part, for the purpose of advertising, trade, marketing, publicity, research, and/or any other lawful purpose, in any and all media now known or hereafter developed, including, without limitation, all forms of broadcast television media, print media, and digital and social media channels and applications. effective date of this Agreement (collectively, “Materials”), in whole or in part, for the purpose of advertising, trade, marketing, publicity, research, and/or any other lawful purpose, in any and all media now known or hereafter developed, including, without limitation, all forms of broadcast television media, print media, and digital and social media channels and applications.
20.7. Permissions to User Content. By making any User Content available through the RentPrep Site, you hereby grant to RentPrep and its affiliated companies an irrevocable, nonexclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license, with right to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content (a) in connection with operating and providing the RentPrep Site and RentPrep Services; and (b) for RentPrep and its affiliated companies’ marketing and promotional purposes.
20.8. Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under this Agreement, and that your User Content is and will at all times throughout your use of the RentPrep Services remain accurate, complete, and truthful.
You represent and warrant that your User Content, your use and provision of your User Content to be made available through the RentPrep Services, and use of your User Content by RentPrep on or through the RentPrep Site will not infringe, misappropriate, or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
20.9. Right to remove content. We reserve the right, but are not obligated, to monitor and to remove or disable access to any content on the RentPrep Site, including RentPrep Content, User Content, and/or Third-Party Content and links, at any time, for any reason, and without notice, including without limitation if we, at our sole discretion, consider any such content objectionable or in violation of this Agreement.
You can remove your User Content, but not your Feedback, by deleting it through our Site. However, in certain instances, some of your User Content may not be completely removed and may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) User Content.
20.10. Preservation of intellectual property rights and restrictions of use of Content. Through our Site, we may make content available that is subject to intellectual property rights, including RentPrep Content and Third-Party Content. You acknowledge that this content constitutes valuable commercial products, the development of which has involved the expenditure of substantial time and money.
You do not acquire any proprietary rights, including intellectual property rights, in or to any of the RentPrep Content or Third-Party Content (referred to in this section collectively as “Content”).
You hereby acknowledge and agree that, with the exception of your own User Content:
• All Content is protected by copyright, patent, trademark, trade secret, proprietary, or other intellectual property rights and laws;
• You will keep confidential and not use or disclose any Content, in whole or in part, to any person for any purpose other than in connection with your own personal use of our Site or Services;
• You will not modify, copy, distribute, lease, loan, publish, scrape, sell, share, or incorporate into derivative works any Content, in whole or part, nor take measures to gather, mine, or extract through any means or methods the Content made available to you through our Site or Services;
• You will not attempt to access, view, or search our Site or download Content through the RentPrep Services, whether by automated means or manually, using any agent, engine, device, mechanism, software, or tool, including, without limitation, crawlers, data-mining tools, robots, spiders, or the like other than the software and/or search agents provided by us or other generally available third-party web browsers;
• You will not use any meta tags or other hidden text or metadata utilizing any Content without our express written consent;
• You will not sublicense, use, or exploit Content for any artistic, commercial, or other unauthorized purpose, including, without limitation, for any direct marketing or telemarketing lists or applications;
• You will not selectively extract Content, or any component of RentPrep Content, for any use, comparing, or contrasting, in any manner, Content to data, products, or services available from other providers for purposes of release, publication, or disclosure;
• You will not use, resell, or sublicense Content in any way that infringes upon the copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights or rights of publicity or privacy belonging to RentPrep, its affiliates, vendors, licensors, or any third party;
• You will not resell or sublicense, or attempt to resell or sublicense, Content in any way, or use RentPrep Content in a manner that violates any law, statute, ordinance, or regulation; and
• You will not use Content: (a) as a factor in establishing an individual’s eligibility for credit or insurance;
(b) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; or (c) in connection with underwriting individual insurance.
21.0 DMCA/Copyright Policy
RentPrep respects the intellectual property rights of others and asks that everyone using the RentPrep Services do the same. It is our policy to terminate access in appropriate circumstances to users who infringe or are believed to be infringing the rights of copyright holders and to handle copyright infringement claims in accordance with the Digital Millennium Copyright Act (“DMCA”).
If you believe that your work has been reproduced on the Site or the RentPrep Services in a way that infringes your copyrights, then, pursuant to the DMCA, you may file a Notice of Claimed Infringement (“NOCI”) to notify RentPrep’s copyright agent. To a NOCI that is filed to RentPrep’s designated copyright agent, RentPrep will respond in accordance with the DMCA by taking action it deems to be appropriate, including removing the allegedly infringing content.
See our Copyright Policy at learn.roofstock.com/copyright-policy for further information and for instructions on how to file a NOCI.
22.0 User Communications
22.1. TCPA. By creating a User Account, you expressly consent for RentPrep or its affiliates to communicate with you at any telephone number that you provide, as follows:
• For nontelemarketing purposes, we may contact you using any means, including, without limitation, by placing live, artificial-voice, or prerecorded calls or SMS text messages;
• For telemarketing purposes, we may contact you using live calls or SMS text messages and, if the number provided is not a cellular or mobile phone, we may also use automatic dialing systems;
• Nontelemarketing and telemarketing calls or SMS text messages may be delivered at your number in accordance with this “User Communications” section regardless of whether the telephone is answered by you, someone else, or by a listening or recording device, such as an answering machine or voicemail messaging service;
• Neither we nor the participating carriers guarantee that messages will be delivered, and we may discontinue these programs at any time without notice;
• You understand that your cellular or mobile carrier’s standard message and data rates apply; and
• Your express written consent is valid until revoked even if you have registered the provided number on any state or national Do-Not-Call Registry.
Further, if you have provided express written consent, we may additionally contact you (a) for nontelemarketing and telemarketing purposes using any provided cellular or mobile number, (888) 877-8501, or using automatic dialing systems, and (b) for telemarketing purposes using any provided number, using artificial-voice or prerecorded calls or messages.
22.2. TCPA opt-out. You are not required to consent to receiving telemarketing calls or texts in order to be eligible to access, use, or visit our Site or to accept, acquire, inquire about, purchase, or seek RentPrep Services.
You may opt out of receiving telemarketing calls or ask to be placed on our company’s entity-specific “do-not-call” list at any time by calling us at (888) 877-8501 or by emailing screening@rentprep.com. See our Privacy Policy for additional information.
22.3. CAN-SPAM. By creating a User Account, you expressly consent for RentPrep and its affiliates to communicate with you at any email address that you provide, by electronic mail message for any and all purposes, including, without limitation, for transactional, relationship, or commercial purposes.
22.4. CAN-SPAM opt-out. You are not required to consent to receiving commercial or marketing solicitation emails in order to be eligible to access, use, or visit our Site or to accept, acquire, inquire about, purchase, or seek RentPrep Services.
You may opt out of receiving commercial or marketing solicitation email messages at any time by following the instructions contained in the message, by calling us at (888) 877-8501, or by emailing screening@rentprep.com. However, note that you will not be able to opt out of certain communications from us (including communications regarding transactions you have entered into or updates to our agreements). See our Privacy Policy for additional information.
23.0 General prohibitions when using the RentPrep Site or the RentPrep Services
Without limiting the “Preservation of intellectual property rights and restrictions of use of content” section above, you agree not to do any of the following:
• Post, upload, publish, submit, or transmit any User Content, nor use any User Content in a manner, that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, proprietary, or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages conduct that violates, any applicable law or regulation or could give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
• Use, display, mirror, or frame our Site or any individual element within our Site or Services, or the name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a Site or page belonging to RentPrep, without our express written consent;
• Access, tamper with, or use nonpublic areas of our Site, computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or other third parties, including another user, to protect our Site, Services, or RentPrep Content;
• Send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Site, Services, or RentPrep Content to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used on our Site;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Site or Services;
• Collect or store any personally identifiable information from our Site or Services from other users without their express permission;
• Access or search our Site or Services (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, or any other similar data-mining tools) other than software or features provided by us for use expressly for such purposes;
• Use our Site, Services, or RentPrep Content for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license, or sell any product, service, or technology that could, directly or indirectly, compete with us;
• Use our Site or Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, or in any other manner, in each case not permitted by this Agreement;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate violations of this Agreement or other conduct that affects our Site, Services, rights, or the rights of third parties. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
24.0 Termination
This Agreement will continue to apply to you and your use of our Site or Services until your account or relationship with us is terminated. This Agreement may be terminated by either party for any reason, upon thirty (30) days’ prior written notice to the other party.
Notwithstanding the above, RentPrep may terminate this Agreement immediately upon written notice if you are the debtor in a bankruptcy action or in an assignment for the benefit of creditors or if you undergo a change in ownership. In addition, we reserve the right to suspend, cancel, or terminate your access to our Site or Services, in our sole discretion, at any time, and without prior notice. We may suspend, cancel, or terminate your account if we believe you are using it for a purpose that is unauthorized, improper, or illegal, or that could harm our company, our customers, or third parties. If you fail to comply with any terms and conditions of this Agreement, then your access to our Site or Services may be automatically terminated, without notice to you or other action. You agree that we will not be liable to you or any third party for any termination of your account or access.
Upon any termination, discontinuation, or cancellation of the Services or your User Account, terms, conditions, and restrictions which by their sense and context are intended to survive shall survive.
25.0 Audits
RentPrep shall have the right to conduct periodic audits of your compliance with this Agreement. In addition, certain third-party vendors require the right to audit, either directly or through RentPrep. The scope and frequency of any audit shall be at the reasonable discretion of RentPrep and will be subject to requirements imposed by third-party vendors. RentPrep will provide reasonable notice prior to conducting any audit, provided that RentPrep has received reasonable notice from any third-party vendor involved in the audit process. Any violations discovered as a result of such audit may be cause for conducting any audit process. Any violations discovered as a result of such audit may be cause for immediate action by RentPrep including, but not limited to, immediate termination of this Agreement.
26.0 Warranty disclaimers
You understand that we cannot and do not guarantee or warrant that any files available for download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO INFORMATION OBTAINED THROUGH THE SITE OR RENTPREP SERVICES, TO YOUR DOWNLOADING OF ANY MATERIAL POSTED OR LINKED TO THE SITE OR RENTPREP SERVICES, (B) FOR ANY IDENTIFICATION, MISIDENTIFICATION, OR IMPERSONATION OF ANY USER OF THE RENTPREP SERVICES, OR (C) ANY OTHER LOSS OR DAMAGE ARISING FROM OR IN ANY MANNER IN CONNECTION WITH THIS AGREEMENT.
THE RENTPREP SERVICES AND RENTPREP CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. We make no warranty that the RentPrep Services or any RentPrep Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content (including RentPrep Content) on the RentPrep Services.
27.0 Indemnity
You will indemnify, defend, and hold harmless RentPrep, its affiliates, and its respective officers, directors, employees, and agents from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the RentPrep Services; (b) your User Content; (c) your breach or violation of this Agreement; (d) your violation of any regulation or law; or
(d) your negligence, misconduct, recklessness, errors, or omissions.
28.0 Limitation of liability; Waiver
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your use of the Site and RentPrep Services remains with you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RENTPREP, ANY AFFILIATE, OR ANY OTHER OF ITS SERVICE PROVIDERS OR THIRD PARTIES INVOLVED IN CREATING, PRODUCING, PROMOTING, OR DELIVERING THE SITE OR RENTPREP SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OR INABILITY TO USE THE SITE OR RENTPREP SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENTPREP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RENTPREP, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE FEES YOU HAVE PAID RENTPREP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTPREP AND YOU. BOTH PARTIES AGREE THAT THE PRICES AFFORDED YOU ARE PREMISED ON THIS CAP ON DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF DAMAGES SET FORTH ABOVE DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
29.0 Dispute resolution
29.1. Governing law. This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict-of-laws provisions. Except as otherwise expressly set forth in this “Dispute resolution” section, the exclusive jurisdiction for all Disputes (defined below) that you and RentPrep are not required to arbitrate will be the state and federal courts located in Erie County, New York, and you and RentPrep each waive any objection to jurisdiction and venue in such courts.
29.2. Class waiver. YOU AND RENTPREP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If the parties’ Dispute is resolved through arbitration, the arbitrator shall not consolidate another person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this “Dispute resolution” section shall be null and void.
29.3. Arbitration of disputes. You and RentPrep agree that any claim, controversy, or dispute arising out of or relating to this Agreement, or the breach, enforcement, interpretation, termination, or validity of this Agreement, or use of the Site, RentPrep Services, or RentPrep Content (collectively “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding, except that you and RentPrep retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights (hereinafter an “IP Protection Action”).
29.4. Arbitration rules. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION (“AA/:\’) in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute resolution” section. (The AAA Rules are currently available at adr.org/sites/default/files/ Commercial-Rules-Web.pdf or by calling the AAA at 800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
29.5. Arbitration process. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. (The AAA provides a general demand for arbitration and a separate demand for arbitration for California residents, each at adr.org). The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this “Dispute resolution” section, and will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules.
29.6. Arbitration location and procedures. Unless you and RentPrep otherwise agree, the arbitration will be conducted in the county or state where you reside. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
29.7. Arbitration fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
29.8. Injunctive and declaratory relief. Except as provided in the “Arbitration of Disputes” section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide reliet warranted by that party·s individual claim. lo the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary
purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
29.9. Severability. With the exception of any of the provisions in the Class Action Waiver section above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
30.0 General terms
30.1. Ownership of RentPrep Services. RentPrep and its licensors exclusively own all right, title, and interest in and to the RentPrep Services, including all associated intellectual property rights. You acknowledge that the RentPrep Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the RentPrep Services.
30.2. Whole agreement. Except to the extent set forth in the Privacy Statements and RentPrep Offering Documents, this Agreement constitutes the entire and exclusive understanding and agreement between RentPrep and you regarding the RentPrep Services, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between RentPrep and you regarding the RentPrep Services.
30.3. Independent contractor. Each party is and shall remain an independent contractor. Neither party is authorized to assume or create an obligation or responsibility, express or implied, on behalf of or in the name of the other party or to bind the other party in any manner.
30.4. Force majeure. The obligation of RentPrep to perform under this Agreement shall be excused if caused by matters beyond its reasonable control, including, without limitation, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm, or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities, or common carriers.
30.5. Severability. With the exception of any of the provisions in the “Class Waiver” subsection above, if any provision of this Agreement is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute resolution” section above or by court of competent jurisdiction) that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
30.6. Assignment rights. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. RentPrep may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
30.7. No third-party beneficiaries. Except as specifically provided for herein, this Agreement shall not confer any rights or remedies upon any person other than the parties hereto and their respective successors and permitted assigns.
30.8. Notices. To the fullest extent of the law, any notices or other communications provided by RentPrep under this Agreement, including those regarding modifications, will be given to you via email or by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
30.9. No waiver. RentPrep’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RentPrep. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
31.0 Questions or Feedback
Have a question about this Agreement? Love RentPrep Services? Have an idea to make RentPrep even better?
We welcome questions and feedback via email at screening@rentprep.com.
