Terms of Service (“TOS”) – Read this document before accessing or using this site

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By Signing up, you are requesting approval for access to the The Rent-Rite Directory’s website.  You will be contacted by a representative of The Rent-Rite Directory to verify your ability to access the information and services on the site.

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By using or accessing the website, in any way, you are agreeing to comply with the Terms of Service (“TOS”). The Rent-Rite Directory (“The RRD”) reserves the right, at its sole discretion and authority, to change the TOS from time-to-time.  The complete and updated TOS shall be found on this page, which should be checked regularly.  Should you disagree with any of the Terms and Conditions of the TOS, or subsequent changes or modifications, the only recourse shall be to immediately discontinue the use of The RRD.  Should you continue to use and/or access the site and services upon any subsequent change to the TOS, your continued use shall be deemed as acceptance and acknowledgement of the subsequent changes.

The Rent-Rite Directory (“The RRD”) is an online private database of information on tenants which also allows approved members to search incident reports as well as credit and criminal background checks.  Not every applicant will be an approved user.  By applying and using the website you are certifying under penalty of law and perjury that you have a legitimate business need for our services and products, and that you and any employees that are authorized by you to use the site, will comply with all applicable laws, statutes, ordinances and regulations, including but not limited to the Equal Housing Opportunity (Fair Housing) laws, Fair Housing Act, and the Fair Credit Reporting Act, links are provided for your convenience at the end of the TOS.  You also acknowledge that you will have access to sensitive information on individuals, and will apply appropriate security measures to ensure the privacy as allowed for by state and federal law as well as the Fair Credit Reporting Act.

Further by applying to be an approved user, or logging in you acknowledge that:

YOU ARE NOT IN THE BUSINESS OF RESELLING PRIVATE INFORMATION, INCLUDING BUT NOT LIMITED TO CREDIT REPORTS, CRIMINAL BACKGROUND CHECKS, OR TENANT RENTAL HISTORY.  User shall not resell or make available by any other means any information, services, or access to the services.

The database and website should be utilized as an additional source of reference to normal, industry standard, background checks, including credit reports, verification of employment, verification of income and criminal background checking agencies. Any information or advice gathered within the database is not intended as professional or legal advice, and is not to be considered as a substitute for seeking advice of a professional, utilization of a professional leasing agent, or verification of the information contained within.

The TOS is supplementary to any contract which may have been executed by a User, and sets forth the terms and conditions of use for any authorized User of The RRD.

USER UNDERSTANDS AND AGREES THAT USE OF THIS SITE IS AT THEIR SOLE RISK, AND SHALL UTILIZE THE SERVICES AS SUPPLEMENTARY TO ANY OTHER INDUSTRY STANDARD VETTING OF A PROSPECTIVE  TENANT, INCLUDING BUT NOT LIMITED TO, CREDIT AND CRIMINAL BACKGROUND CHECKS.

Property:

  1. This system, and all data herein, are the property of The RRD,
  2. Data may not be mined or sold, or used in any pay-for-use application, without the expressed written permission of The RRD.
  3. This site may not be accessed by any automated program for the purpose of extracting data for any use.
  4. This site may not be directly linked to by any website without the expressed written permission of The RRD.
  5. Users shall not post any links to any other sites without the expressed written permission of The RRD.
  6. User shall not post any advertisements for products or services of any kind without the expressed written permission of The RRD.


Violation of any of the above, at the sole and absolute discretion of The RRD, shall result in cancellation of User’s access, and/or prosecution for damages.

User:

The term User shall be construed as anyone whom applies for, requests and/or is granted a user ID and password, and/or accesses the site through any means, as well as their employees, officers, subsidiaries, directors, agents or affiliates.  User agrees to not falsely impersonate, or misrepresent any rental property owner, or rental property manager, or property management company, and hereby acknowledges that they have the authority on behalf of the property owner to access The RRD and input/submit any information.

Access to the site shall be a revocable, at the sole and absolute discretion of The RRD, and nonexclusive license granted by The RRD to User.

Never give out your login ID or Password, keep it in a safe secure place.

Security:

User shall receive a User account designation as appropriate to their application once you have registered and been approved by The RRD.  It is your SOLE  responsibility for maintaining the confidentiality and security of your login information, including login name, password and additional users under your account.  You are solely responsible for all activities that occur under your login information and account.  You agree to immediately notify The RRD of any breach in security or protocol within your own system that may have compromised your information, including but not limited to:  theft of your computer system; hacking; unauthorized sharing of login/passwords; and improper disposal of computer hardware.

Content:

Information supplied by Users and vendors of The RRD shall be deemed as truthful; however, should be investigated further.  The data contained herein is general in nature, and should not be considered as a substitute for a full and complete background check, including but not limited to:  Credit Bureau checks, Criminal Checks, Unlawful Detainer Records, verification of employment, and verification of tenancy from previous landlord(s).  The RRD assumes no liability for information that may have been incorrectly input by a User, and does not warrant the accuracy of the information contained herein, nor shall The RRD be responsible for any errors or omissions.

Information and/or data supplied by a User, whether input directly to the database, or submitted via facsimile, telephone, email, or other communication, shall become the sole property of The RRD.  User hereby assures the information’s authenticity and truthfulness, and shall be deemed as correct and truthful, and shall be the sole responsibility of the User who conveyed the information. User hereby indemnifies and holds harmless The RRD from any and all claims of false or incorrect information, whether input directly into the database by User, or submitted via facsimile, telephone, email, or other communication.

User agrees to not input information that may be considered offensive, distasteful, deceptive, indecent, inaccurate, or in violation of any state or federal laws, including but not limited to Equal Housing Opportunity (Fair Housing) laws, Fair Housing Act, and the Fair Credit Reporting Act; however, User understands that they may be exposed to such content should they access this site.

The RRD makes no representations or warranties as to the accuracy of any information contained within.   User understands and agrees to not rely solely on the information supplied within, and shall ONLY use the data supplied within this website as an additional resource in vetting out potential tenants.  Under no circumstances shall The RRD be held liable for any loss or damage of any kind, due to any data/information posted, submitted, or reflected on this website.  User acknowledges that The RRD does not “prescreen” or verify information submitted; however, The RRD, in its sole and absolute discretion, can delete, or remove any content/data for violations of the TOS, or for any other reason The RRD may deem, at their sole and absolute discretion, as reasonable.  User understands and agrees that The RRD has no responsibility or liability in storing, deleting and/or maintaining the information contained within The RRD, and the RRD reserves the right, at its sole and absolute discretion, to discontinue service at anytime or for any reason, with or without notice and assumes no responsibility in the content, or ability to provide same.

The RRD site includes links and advertisements to other sites on the Internet that are owned and operated by other third parties.  User acknowledges that these links or advertisements are not an endorsement by The RRD for their company(ies) or service(s) and that The RRD is not responsible for any content or availability of these third party sites.

Posting/Submitting Information:

User agrees not to post or submit, whether via facsimile, telephone, email, or other communication, any information that is untruthful, unlawful, harmful, sexual, pornographic, degrading, threatening, abusive, religious, racist, defamatory, or hateful, to an individual, or group of individual, libelous, in any way, or is in violation of the Fair Credit Reporting Act.  Any information or data based upon religion, gender, sexual orientation, race, age or disability, or in any way shape or form violates any of the Equal Housing Opportunity laws.  User shall not submit or post or otherwise make available content that is misleading, fraudulent, deceiving, or incorrect.  User affirms that they have the right, consent and permission to post the information, and shall not post or submit any information that may be another party(ies) proprietary material, or that they do not have the right to make available.  User shall not post any information or advertisement on other companies, links, or references to other services.

User assumes all risks and liability associated with the posting or submission of information, including any reliance on the accuracy and completeness.

By User posting or submitting content to The RRD, User automatically grants and represents and warrants that User has the right to grant to The RRD an irrevocable and perpetual fully paid, royalty free license to use, copy, display, sublicense and distribute any information submitted to The RRD.  By posting and/or submitting any information, User shall be deemed to have by design, granted The RRD all rights necessary and essential to prohibit any subsequent use, display, copying, duplication, reproduction or exploitation of the information.

Additionally, User irrevocably authorizes The RRD to utilize any postings by User, free of any costs including royalties, for the purpose of promoting The RRD in any media formats and through any media channels now known or later developed.

Privacy

Please refer to our Privacy Policy.

Indemnification:

User agrees to indemnify and hold harmless; The RRD, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from any claim or demand, including but not limited to, reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the The RRD, your use and access of the The RRD, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Disclaimer(s):

USER UNDERSTANDS AND AGREES THAT USE OF THIS SITE IS AT THEIR SOLE RISK, AND SHALL UTILIZE THE SERVICES AS SUPPLEMENTARY TO ANY OTHER INDUSTRY STANDARD VETTING OF A PROSPECTIVE  TENANT, INCLUDING BUT NOT LIMITED TO, CREDIT AND CRIMINAL BACKGROUND CHECKS.  THE INFORMATION PROVIDED HEREIN IS ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS, NO EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE NON-INFRIGEMENTOF PROPRIETARY RIGHTS.  FURTHER, THE RRD DISCLAIMS THE CORRECTNESS, RELIABILITY, AND ACCURACY OF ANY  INFORMATION AS PROVIDED BY THE RRD.

The RRD makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licenses Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.

Limitation of Liability:

The RRD shall not be liable for any damages whatsoever, including specifically any claims of damages or liability for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, lost profits and/or revenue, arising out of Users access to the site or information contained therein, or the inability to use or access the site/services, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if The RRD has been advised of the possibility of such damages.

Governing Jurisdiction:

The RRD is operated and provided in the State of Texas and is subject to the laws of the State of Texas.  Texas law shall govern these Terms Of Service and any agreements.

Violations of TOS:

Please report any believed violations of the TOS to:  info@TheRRD.com.

Discontinuation and monitoring of Service:

The RRD reserves the right to utilize any lawful means it deems necessary to prevent unauthorized access to or use of the Site, including but not limited to IP mapping, contacting your Internet Service Provider, computer certificate requirements and other technological barriers.

The RRD reserves the right, at its sole and absolute discretion, to delete, deactivate, remove from the database, or block any access from any User account(s), or information from said account, that is in violation of the TOS, or is inflammatory in any way.

Additionally, The RRD, at their sole discretion and without prior notice, may terminate your access to this site or services, in whole or in part for failure to pay any bills when due.  This is in addition to any other remedies and rights The RRD may have as a course of law.

Damages:

Violations of the TOS by a user may cause The RRD to suffer damages for which monetary relief may not be adequate.  User therefore consents to injunctive and equitable relief in addition to any monetary damages.

Waivers:

No waivers by The RRD of the Default or Breach of any term, covenant or condition hereof by User shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by User of the same or any other term covenant or condition of the TOS. The RRD’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of The RRD’s consent to, or approval of any subsequent or similar act by User.   any rights by either party of the agreement shall not operate as, or be construed as a subsequent waiver of any subsequent breach hereof.

Severability:

The invalidity of any provision of this TOS and agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.

Clause Headings:

The headings of the sections contained in this TOS and agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement.

Billing - Refunds:

User shall have ten (10) business days, exclusive of nationally recognized holidays to question any billing statement.  Failure to question the statement within this time shall be deemed your approval of said statement.  User understands that The RRD shall not be required to refund any payments for services if User’s access is terminated due to any violation of this TOS and agreement.

Complete Agreement:

The TOS constitutes the sole and entire agreement between you and The RRD and shall govern your use of the Service, superseding any prior agreements between you and The RRD. The TOS and the relationship between you and The RRD shall be governed by the laws of the State of Texas. You and The RRD agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of The RRD to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

Links:

All Users must familiarize themselves, and abide by, the legal requirements as outlined in the following links.  Non-compliance may result in suspension of services and/or severe penalties.

FAIR CREDIT REPORTING ACT (FCRA), and Requirements:

http://www.ftc.gov/os/statutes/031224fcra.pdf

Obligations of Users under FCRA:

http://www.ftc.gov/os/2004/11/041119factaapph.pdf

General FCRA Requirements:

1)      Users Must Have a Permissible Purpose

2)      Users Must Provide Certifications

3)      Users Must Notify Consumers When Adverse Actions Are Taken

4)      Users Have Obligations When Fraud and Active Duty Military Alerts are in Files

5)      Users Have Obligations When Notified of an Address Discrepancy

6)      Users Have Obligations When Disposing of Records

EQUAL CREDIT OPPORTUNITY ACT (ECOA)

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre15.shtm

FAIR HOUSING / EQUAL OPPORTUNITY (HUD)

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp

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