PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT CONTAINS A BINDING
ARBITRATION PROVISION WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT,
BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY
, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
TheseTerms of Service (“Agreement”) constitute a legally binding agreement between you and RentCheck Holdings, Inc. (“RentCheck”, “we”, “us”, or “our”) governing your use of RentCheck’s websites getrentcheck.com (the “Site”), the RentCheck mobile application (the “RentCheck App”), any other website or app owned byRentCheck that links to this Agreement, and any products, services, and Content submitted or accessed through such websites and apps (collectively, the“Services”).
BY ACCESSING RENTCHECK’S WEBSITE, INSTALLING THE MOBILE APPLICATION, CREATING A RENTCHECK ACCOUNT, OR USING ANY SERVICE, AS APPLICABLE, YOU ACCEPT AND AGREE TO THIS AGREEMENT. RENTCHECK RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE ANY PROVISION OF THIS AGREEMENT WITHOUT PRIOR NOTICE. MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED. YOUR CONTINUED USE OF ANY SERVICE AFTER AMENDMENTS ARE POSTED CONSTITUTES AN ACKNOWLEDGMENT AND ACCEPTANCE OF THE AGREEMENT, AS AMENDED.Your Account:
Subject to the other provisions of this Agreement,RentCheck’s Services are available only to users who have an account registered with RentCheck (“Account”). Access to and use of password protected and/or non-public information on the Service is restricted to authorized, registered users only. Unauthorized access to such information is prohibited, and you are responsible for maintaining the security of any access credentials that may grant access to non-public information available through the Service. You may only have one active Account for use of the Services at any given time and you may not allow other people to use your Account to access the Site or RentCheckApp. You must not access the Service through a username and password that has not been issued specifically to you, personally. The right to use the Service is personal to you and is not transferable by you to any other person or entity. Any attempt to transfer your registration to a third party shall be void and shall constitute a breach of this Agreement. Securing Access Credentials:
You will use best efforts and to take any and all actions necessary to maintain the privacy of your access credentials (including your username and password and means for recovering access to your Account), including, without limitation, safeguarding your access credentials in a private and secure place, changing your password periodically, adopting special precautions when accessing the Service from a computer that is available for use by other users, and exiting from the Service at the end of each session. Do not use a password for yourRentCheck Account that is the same or similar to any other account, and do not share your access credentials with anyone. You are solely responsible for all acts and omissions using your Account that were performed using valid access credentials, and RentCheck has no duty or obligation to independently verify such acts or omissions. In the event that you have reason to believe that an unauthorized third party has access to your Account, you should immediately change your password and notify RentCheck. In order to protect you and your data, RentCheck may suspend your access to any Service, with or without notice, if any unauthorized access or breach of security is suspected.
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services or Content is a material breach of this Agreement. RentCheck may monitor your use of the Services and Content to ensure that you are following these Usage Rules:
1. All information and Content you submit through the Services is true, complete, and accurate.
2. You may use the Services only for personal or internal business purposes.
3. You may access the Services only using RentCheck’s website and the RentCheck App, and may not modify or use modified versions of such software.
4. You may use the RentCheck App only on devices that you own or control.
5. Access to third-party Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
6. You may not copy, modify, or publicly display any third-party Content or transmit any third party Content to any other person.
7. You may not tamper with or circumvent any security technology included with the Services.
8. You may not upload, transmit, distribute or otherwise publish through the Service any materials that contain a virus, malware or other harmful software or other component or that would harm the Service, allow unauthorized access to third party information, or cause the Service to malfunction.
8. You may not submit any Content that you do not have permission, right or license to use.
9. You may not submit any Content that infringes the intellectual property rights of RentCheck or any third party.
10. You may not submit Content that is false, objectionable, offensive, unlawful, deceptive, or harmful.
11. You may not submit Content that includes nude, partially nude, or sexually suggestive images.
12. You may not submit Content to harass, abuse, stalk, threaten or defame any person or entity.
13. You may not submit Content containing personal, private or confidential information belonging to others.
14. You may not request personal information from a minor through the Service.
15. While using the Service, you may not impersonate or misrepresent your affiliation with another person, or entity.
16. You may not create an Account or use the Services in a manner that creates a likelihood of confusion with any third party’s trademark.
17. You may not use the Service to submit or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements.
18. You may not trespass or burdening or interrupting network capacity for the Service.
20. You may not use the Service to plan or engage in any illegal, fraudulent, or manipulative activity.
21. You may not access or use RentCheck’s APIs, except through the RentCheck App or as otherwise permitted by RentCheck.
Only lawful residents of the United States who are over the age of 18 years of age may use the Services. Access to and use of the Service is subject to all applicable federal, state, and local laws and regulations. You will abide by these laws and regulations and not use the Service, including related software, in any way that violates such laws or regulations. You further agree not to transmit any material through the Service that encourages conduct that could constitute a criminal offense, give rise to civil liability. If you are a lessor, you must understand and obey all fair-housing and anti-discrimination laws and other laws that may be applicable to leasing residential properties.If you are accessing our website from outside of the United States, you do soon your own initiative and you are responsible to ensure compliance with the laws of the United States (which include export control laws applicable to software) and the laws of your jurisdiction. You may not use or otherwise export or re-export the RentCheck App except as authorized by United States law and the laws of the jurisdiction in which the RentCheck App was obtained. In particular, but without limitation, the RentCheck App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S.Treasury Department's Specially Designated Nationals List or the U.S.Department of Commerce Denied Persons List or Entity List. By using the RentCheckApp, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. The RentCheck App and related documentation are"Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "CommercialComputer Software Documentation", as such terms are used in 48 C.F.R.§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, theCommercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and(b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Fees and Payments:
You will pay all fees due to RentCheck for your use of Services. If you purchase a subscription, it may result in recurring charges to your payment card or method, and you agree that RentCheck may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. For any payments sent or requested through the Service,RentCheck will only remit funds that are confirmed as having been actually received. RentCheck and its payment processors may debit funds from your account if a bank initiates a reversal, chargeback, or dispute of a payment made by you, in accordance with applicable financial institution and network policies and procedures. RentCheck may also initiate a reversal or other debit, or take other appropriate actions, in case of actual or suspected fraud or abuse. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
To terminate your authorization or change your payment method, please contact us at the email address listed in the Contact section below.
Payment Processor Terms:
Payments processed through the Services may further be subject to the guidelines, bylaws, rules, and regulations imposed by our third party payment method providers (e.g., Visa, Mastercard, Discover andAmerican Express networks), other financial institutions, and NACHA operating rules (for ACH transactions). Certain third parties may have rights under thisAgreement as third-party beneficiaries.
Content You Submit.
RentCheck’s Services allow you to submit materials such as photos, videos, and comments, including associated metadata, and other works of authorship (collectively, “Content”), and the Services may allow you to access the Content of other authorized users and other third-party Content. You agree, represent and warrant that anyContent you post or transmit on the Site or RentCheck App is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through the Site or RentCheck App any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such Content. RentCheck may (but is not obligated to) monitor and decide to remove or edit any submitted Content. RentCheck is not responsible for examining or evaluating anyContent and shall not be liable for any such Content. Content displayed by theRentCheck website and RentCheck App is for general informational purposes only and is not guaranteed by RentCheck or its agents. RentCheck may delete Content that violates this Agreement, and RentCheck reserves the right to delete anyContent for any reason, without prior notice. Deleted Content may be stored byRentCheck in order to comply with certain legal obligations and may not be produced without valid Legal Process (as defined below). RentCheck will not be liable to you for any modification, suspension, or discontinuation of theServices or the loss of any Content. If you see Content that does not comply with RentCheck’s Usage Rules, please report it to RentCheck.
or otherwise approved by you. RentCheck’s Intellectual Property Rights:
All materials and Content included or available on or through the Service, including the design, text, graphics, interfaces, and the selection and arrangements thereof is the property of or used with permission or under license by, RentCheck and/or third parties. RENTCHECK and related designs are proprietary marks of RentCheck, and the design, graphics, arrangement, and colors used for the RentCheck websites and the RentCheck App is RentCheck’s trade dress (collectively “Service Marks”).RentCheck’s Service Marks may not be used in connection with any product or service that is not provided by RentCheck, in any manner that is likely to cause confusion among customers, or in any manner that disparages, tarnishes, or dilutes the distinctiveness of RentCheck’s Service Marks. All other trademarks displayed on RentCheck’s websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web Services of third-party vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with RentCheck.
Any use of materials and Content available through the Services, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RentCheck is strictly prohibited. You will not use any robot, spider, or other automatic device, or manual process to monitor or copy RentCheck’s websites, theRentCheck App, or the Content contained therein without prior written permission of an authorized officer of RentCheck.
Subject to your compliance with the other provisions of this Agreement, including but not limited to the UsageRules, RentCheck grants you a limited, revocable, non-exclusive, non-transferable license, solely for the purpose of accessing and using the Services, to: (i) access RentCheck’s websites and (ii) to download, install, and use theRentCheck App. You may not copy, distribute, transmit, display, publish, sell, rent, license, create derivative works or otherwise use any RentCheck’s website, the RentCheck App, or any other software used to access the Services for any purpose, except as expressly authorized by this Agreement. RentCheck reserves all rights not expressly granted to you, including rights to unpublished works. Such software is subject to copyright and trade secret protection by RentCheck and/or RentCheck’s licensors. The foregoing license is not a sale, and RentCheck and/or its licensors retain title to such software and any copies thereof. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, distribute, make available over a network, sublicense, modify, move, add to, delete or otherwise tamper with or create derivative works of RentCheck’s Services or software, any updates thereto, or any part thereof. If you sell or transfer your mobile device to a third party, you must remove the RentCheck App from such device before doing so. Any actual or attempted breach of any obligation under this paragraph is a violation of the rights of RentCheck and/or its licensors and constitutes irreparable harm.
You may use Services to enable access to RentCheck’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. RentCheck is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-partyExternal Services. Data displayed by the RentCheck websites, RentCheck App, orExternal Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by RentCheck or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of RentCheck or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that RentCheck is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. RentCheck reserves the right to change, suspend, remove, disable or impose access restrictions or limits on anyExternal Services at any time without notice or liability to you.
You acknowledge that transmissions to and from the Service could be read or intercepted by others. RentCheck is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.You acknowledge that by submitting communications through the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and RentCheck, except as provided in this Agreement.
Links to RentCheck’s Website:
RentCheck prohibits unauthorized links to its websites, the framing of any information contained on the websites, or any portion thereof. RentCheck reserves the right to disable any unauthorized links or frames and has no responsibility or liability for any material on other website that may contain links toRentCheck’s website. Notwithstanding the forgoing, RentCheck grants you a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray RentCheck in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from theSite for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time
You may be permitted to download certain content, applications, software and other information or materials from the Site or the RentCheck App. RentCheck makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.
The RentCheck Mobile Application.
You may download the RentCheck via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”).
WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.
When you use our Mobile App, you are subject to additional terms from the App StoreProvider. These terms may give us, and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version. If you downloaded the Mobile App from the Apple “App Store,” you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
. If you downloaded the Mobile App from the “Google Play” store, you are subject to theGoogle Play Terms of Service available at: https://play.google.com/about/play-terms/index.html
. If you used a different third party service, check with the applicable App StoreProvider to determine what additional terms may apply.
The Site or RentCheck App may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. If you are signed in to an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat.Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use theChat. You should refer to the applicable Chat and it's hyperlinks to learn more.
. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered Content.
DISCLAIMER OF WARRANTY.
RENTCHECK RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE AND ACCEPT THAT RENTCHECK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SERVICES AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF RENTCHECK’S CONTROL. RENTCHECK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD RENTCHECK EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE, OR INTERRUPT ACCESS TO, ANY SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF RENTCHECK’S WEBSITE AND RENTCHECK APP IS ATYOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE ANDTHE RENTCHECK APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE SITE AND/OR THE RENTCHECK APP ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RENTCHECK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE RENTCHECK APP ANDANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, REDHIBITION, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. RENTCHECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SITE OR THE RENTCHECK APP. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RENTCHECK OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE, THE RENTCHECK APP, OR ANY CONTENT THEREON, OR THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM SUCH DEFECT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
RENTCHECK BEARS NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES. RENTCHECK DOES NOT PROVIDE LEGALLY BINDING ARRANGEMENTS AND THE SERVICES ARE NOT A SUBSTITUTE FOR A WRITTEN LEASE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RENTCHECK BE LIABLE FOR PERSONAL INJURY,PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OFDATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RENTCHECK APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE)AND EVEN IF RENTCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OROF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TOYOU. IN NO EVENT SHALL RENTCHECK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Indemnification:
You agree to defend, indemnify, and hold harmless RentCheck, its parents, subsidiaries, affiliates, RentCheck officers, directors, and employees (the “RentCheckReleasees”), from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the RentCheck website, RentCheck App, or any other Service, another’s use of the Service using your access credentials, any disputes over fees or payments made through the Service, or any conduct that would constitute a violation of thisAgreement. RentCheck reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the RentCheck Releasees, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. Termination:
ThisAgreement is effective until terminated by you or RentCheck. RentCheck may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Site or RentCheck App, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or Site or RentCheck App credentials, to RentCheck using the information in the Contact section. In addition to any right or remedy that may be available to RentCheck under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Site or RentCheckApp or any of their features at any time with or without notice and with or without cause, including without limitation, if you fail to comply with any of the terms of this Agreement.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Site or RentCheck App and all copies thereof; (ii) you will immediately cease all use of and access to the Site or RentCheck App; (iii) we may delete or disable access to any of your Content at any time; (iv) and we may delete your Account at any time. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold RentCheck harmless from any and all liability that we may incur therefore. Your use of a Site or RentCheck App after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement or of your Account or access to theSite or RentCheck App, any content you have posted or submitted may remain on the Site or RentCheck App indefinitely. Responding to Legal Process.
RentCheck may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid.RentCheck may deliver or hold any funds or data as required under such LegalProcess, even if you are receiving funds or data on behalf of other parties.Where permitted by law, we will make reasonable efforts to notify you of suchLegal Process by sending a copy to the email address we have on file for you. RentCheck is not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process. Disputes, Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in New Orleans, Louisiana. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules16.1 and 16.2 of those Rules.No Class Actions:
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to RentCheck must be addressed to the address listed in the Contact section below. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or RentCheck may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com
. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.Hearing:
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.Injunctive Relief:
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Applicable Law & Rules:
ThisAgreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Louisiana. exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by theFederal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional ArbitrationAppeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to thisAgreement. New Jersey Residents:
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable underNew Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c)Indemnity; (d) under Disputes, the Arbitration and Class Action Waiver; and (e)Applicable Law and Rules (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).According to N.J.S.A. 56:12-16, you may have additional rights if you are a NewJersey resident and other provisions of this Agreement are found to violate an established legal right. Severability:
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Additional Policies and Terms:
This Agreement applies exclusively to your access to and use of the Site and RentCheck App and does not alter in any way the terms or conditions of any other agreement you may have with RentCheck for products, services, programs or otherwise. If you or your Account is associated with aMaster Services Agreement with RentCheck (“MSA”), then, to the extent there is any conflict with any provision of this Agreement and the MSA, the latter will control.
Any sweepstakes, contests, or other promotions made available through the Site or RentCheckApp may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
Should we employ you, none of the materials provided on the Site or RentCheck App constitute or should be considered part or of an employment contract or an offer for employment.
You agree that this Agreement may be assigned by RentCheck, in our sole discretion, to a third party in the event of a merger, acquisition, or sale of assets.
Consent to Communicate Electronically:
When you use the Site or RentCheckApp or send communications to RentCheck through the Site or RentCheck App, you are communicating with RentCheck electronically. You consent to receive electronically any communications related to your use of the Site or RentCheckApp. We may communicate with you by email or by posting notices on the Site.You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from RentCheck intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.
DMCA Takedown Requests
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to theDMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that one of our users is, through the use of RentCheck’s Services, unlawfully infringing the copyright(s) in a work, please notify RentCheck’sCopyright Agent using the information provided in the Contact [SSC(10] section below. If you wish to have the allegedly infringing material removed, you must provide the following:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request RentCheck to remove;
4. sufficient information to permit RentCheck to locate such material;
6. your address, telephone number, and e-mail address;
7. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
8. and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
The information above may be provided to the following contact: Address:
RentCheck Holdings Inc.
1582 Magazine Street
New Orleans, LA 70130
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed, or access was disabled;
2. Your name, mailing address, telephone number and email address;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the Eastern District of Louisiana.
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
6. andYour signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
Any misrepresentation of material fact (i.e., false statements) in a written notification to RentCheck’s Copyright Agent or any counter notification will subject you to liability for any damages, costs and attorney’s fees incurred by RentCheck in connection with the written notification and allegation of copyright infringement.Contact.
If you have any questions about RentCheck’s Services or this Agreement, you may reach RentCheck by using the following contact information:
RentCheck Holdings, Inc.
1582 Magazine Street
New Orleans, LA 70130
Please use this contact for all notices and communications permitted or required under this Agreement. You agree to allow RentCheck to contact you via any contact information you provide through the Service, including your email address. If you authorize RentCheck to contact you by SMS text messages, network charges may apply, and you may stop such messages at any time.