Renter Inc Terms of Use Agreement (Last Updated December 11 2017)

This agreement sets forth the business relationship and general terms between Renter Inc (Company) and Member (You). In order to use our services, member and company enter into agreement. This agreement constitutes the entire agreement and understanding of the parties with respect to services RENTER INC will provide and this agreement supersedes all prior understandings and agreements whether written or oral, with respect to such subject matter.



Renter Inc is a consumer reporting agency (“CRA”) and, among other services, Renter Inc provides consumer reports and investigative consumer reports (collectively, "Screening Reports") as defined by the Fair Credit Reporting Act ("FCRA") and applicable state laws. In utilizing Renter Inc services, you are considered a “user” of consumer reports and/or investigative consumer reports under the FCRA and applicable state law. Renter will furnish user with Screening Reports for tenant screening purposes conditioned upon said user’s compliance with this agreement and fulfillment of all of its obligations under this agreement.



IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE RENTER INC SERVICES OR VISIT RENTER INC WEBSITES.

BASIC TERMS

1. REGISTRATION AND SIGN-IN - To use the service, you need to create an account (“Account”). To be eligible to create an Account, User must be a landlord, or property manager and are authorized to enter into this agreement with Renter. When you set up your account, you will be required to create login credentials by providing certain types of personal information (“Login Credentials”). For more information on the types of personal information we may collect in order to create your Login Credentials, please review our Privacy Policy. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party. For your protection and to protect the privacy of those individuals on whom you seek to obtain Screening Reports, you will be required to authenticate your identity, including by providing your Login Credentials each time you request access to Screening Reports. In addition, for extra security, when you access Your Account using your Login Credentials, you are issued a “token” that identifies you. These tokens automatically expire after a predetermined amount of time and you will be required to re-authenticate your identity using your Login Credentials once a token has expired before you may access the related Screening Reports. ANY USE OR ACCESS TO THE WEBSITE BY ANYONE WHO IS NOT A LANDLORD OR A PROPERTY MANAGER IS STRICTLY PROHIBITED.

2. TERMS OF SALE - When you purchase a Screening Report, you agree to pay using a valid payment method as indicated during registration (“Payment Method”), which will be charged at the time of your Purchase. You agree to provide us with accurate payment information and that we may store and use your Payment Method for use in billing future authorized purchases. We may use a third-party processor to process your Purchase, in which case the terms of your Purchase, such as refunds, payments, or customer service (“Third Party Terms”), may be governed by a third party seller, such as Stripe. You are responsible for reading and understanding such Third Party Terms prior to making a Purchase. We reserve the right to suspend use of the Site without notice if your Payment Method is declined or is identified by our payment processor or by any Fraud Protection Method as being fraudulent or if you become delinquent in any payment obligation with us.

3. FRAUD PREVENTION - We employ active safeguards designed to detect and prevent fraud, as described in more detail in our Privacy Policy (“Fraud Detection Methods”). You consent to our use of any Fraud Protection Methods we determine to be commercially reasonable and to our cooperation with or use of any third party provider of such Fraud Protection Methods. You further agree to fully cooperate with all audits and investigations of our customers and systems. For more information about our privacy practices, including our Fraud Protection Methods, see our Privacy Policy.

4. OWNERSHIP - As between Renter Inc and you, all text, content and documents on the Site, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Content”) are owned by Renter Inc and its affiliates, or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws.

5. UNITED STATES ONLY - By using the Site, you agree and acknowledge that it is hosted in the United States. You are specifically prohibited from attempting to access the Site from a physical location outside of the United States. By using the Site, you consent to the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California

6. NOTICES AND AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE - Your affirmative act of using the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with Renter Inc electronically. You also agree that Renter Inc may send any privacy or other notices, in electronic form to the email address that you provided during registration, or by posting on the Website. The delivery of any Notice is effective when sent by Renter Inc, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

TO USE THE SERVICES MEMBER AGREES AS FOLLOWS

1. PERSONAL CERTIFICATE - Member is the owner or agent of an owner of rental property.

2. VERIFICATIONs - Member agrees to complete an ID and property ownership/management agreement verification process that RENTER INC deems necessary for evaluating the Member’s application, and establishing the Member’s identity as required by regulators.

3. USE OF REPORTS - Each request for reports will be based upon a legitimate business need in connection with a business transaction/tenant screening application initiated

   1. Information will be used for no other purpose than rental applicant screening.

   2. The FCRA 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, or imprisoned not more than two(2) years, or both.

   3. Member agrees to not requests reports about their employees, family, friends.

4. COMPLY WITH CONSUMER REPORTING STATUTES - Member agrees to comply with the Fair Credit Reporting Act (15 USC 1681, et seq. As amended “FCRA” and all other U.S. statutes, rules, regulations or other actions of U.S. governmental bodies applicable to Member’s businesses.

5. APPLICANT CONSENT REQUIRED - Written authorization will be obtained from the applicant before initiating any consumer investigation. You will maintain all written authorizations for 5 years.

6. REPORT NOTICE - Member agrees to have the applicant read and sign “Notice to Tenant” which can be obtained from the company website at time of lease signing to make applicant aware that rent history will be reported to RENTER INC.

7. ADVERSE ACTION NOTICE - Member agrees to notify applicant if their application was turned down or was conditionally approved due to information reported in RENTER INC.

8. SHARE DATA - You will not disclose the content of any report ordered from RENTER INC to any third party and will not further sell consumer information ordered

9. PROVIDE COPY OF REPORT - You may, but are not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report. If Member does provide a copy of the report, the copy must refer to RENTER INC if they are seeking to question or challenge the content of the report.

10. COMPLIANCE AMENDMENTS - All terms, conditions, or transactions under this agreement are subject to the Fair Credit Reporting Act and any provision of this agreement not in compliance therewith shall be deemed to be amended to comply.

11. AUDITS - The member agrees to cooperate fully with all audits. Violations such as misuse or abuse of rental history reporting discovered in any review and/or audit by RENTER INC will be subject to immediate action including, but not limited to, suspension or termination of the use of RENTER INC services, legal action, and/or referral to federal or state regulatory agencies.

12. KEEP RECORDS - The Member will maintain a copy of “written consent to obtain tenant history” document for a minimum of five (5) years from the date of inquiry. This includes written authorizations for all applicants where RENTER INC provided data was received.

13. INDEMNIFY - You will hold RENTER INC harmless for failure to obtain written authorization before initiation of a consumer investigation and to further indemnify and hold RENTER INC harmless of all claims arising out of the improper acquisition, use, disclosure or storage of consumer information. You hereby indemnify RENTER INC from and against all claims arising from your misuse, or improper acquisition, disclosure or use of information provided by RENTER INC. In any action brought to enforce the terms of this agreement, or resulting from a breach by the subscriber, you agree to pay all reasonable fees incurred by RENTER INC, including attorneys’ fees. You will hold RENTER INC harmless on account of any expense or damage arising or resulting from the publishing or other disclosure of consumer information by you, your employees or agents contrary to the conditions of this agreement.

14. LIMITED INFORMATION - All reports provided are based upon limited information, i.e. name and birth of date. Because of this, absolute certainty that the report applies to an individual with the same name and birth of date is not possible. An apparent match of this record with an individual may thus be erroneous. Caution is urged when your inquiry produces an accurate match. Discrimination against an ex-offender who is trying to become a law-abiding citizen is contrary to the best interest of society and may violate the Federal Fair Housing Laws. Confrontation of a person with a conviction history may also place you at risk

15. INFORMATION IS “AS IS” - All information is made available on an "as is" basis. The user, understands that RENTER INC cannot be responsible for the record keeping practices of third parties including. The user recognizes that information is secured by and through fallible human sources. The Member hereby releases RENTER INC, its employees from liability for any errors and/or omissions contained in reports prepared by third parties and from any loss or expense suffered by the user directly or indirectly from RENTER INC reports.

16. WAVE RIGHT TO TRIAL BY JURY - RENTER INC AND MEMBER HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY AND ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREIN.

17. VIOLATION OF AGREEMENT - Violation of any one of the provisions of this agreement, or any provision or the obligations implied by its terms and conditions subjects you, your agents, fiduciaries, officers and employees to immediate termination of RENTER INC services  and discontinue serving the member and cancel this agreement immediately on 10 (ten) day notice, but the obligations and agreements set forth herein will remain in force.

18. LIABILITY - Neither RENTER INC or partners shall be liable to you for any claim, injury or damage which is asserted based upon inaccurate or incomplete data or any act or omission by you, your employees or agents. This includes the improper acquisition, disclosure or use of reports by you, your employees or agents provided under this agreement or any act or omission which constitutes a breach of the express or implied terms and conditions of this agreement.

19. MAINTENANCE - Normal service maintenance will be completed during non-critical periods and will be given an advanced notice. In the event that system changes are required, for either RENTER INC or Member, the parties will adopt testing procedures of any revised or updated process upon mutually agreeable terms. You will hold RENTER INC harmless on account of any non-performance, inadequate performance or delay in performance associated by any caused beyond its control, including without limiting the generality of the foregoing, acts or omissions of the other party, acts of a civil or military authority, strikes, lockouts, embargoes, insurrections or acts of God.

20. NETWORK ACCESS - use or access RENTER INC computer network, including any part thereof, or deliver data to such network in any way that would have an negative impact on RENTER INC operation or the use of the network by any other member. In the event that Member fails to comply with the foregoing restrictions, RENTER INC shall have the right, in addition to any other right or remedy that it may have at law or in equity, to suspend, on a temporary or permanent basis, Member’s use of or access to the network.

21. CHANGE OF OWNERSHIP - Member shall notify RENTER INC in the event of change of ownership of Member and shall not assign their account to third party.

22. INDEPENDENT BUSINESS OPERATION - Nothing contained in this agreement is intended to create a joint venture or partnership relationship between the parties and each party is an independent contractor in the performance of its obligations under this agreement. None of the employees of the parties shall be considered to be employees of any other party, and each party shall be fully independent in its business operations.

23. TERM OF AGREEMENT - This agreement shall continue in effect from year to year unless terminated by breach or canceled by either party.

24. FAILURE TO INFORCE - RENTER INC failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.