Revision 02022020a brz/p
TENANT SCREENING SERVICES TERMS OF USE
Your license of, access to and use of Tenant Screening Services in conjunction with Yardi Breeze or Yardi Breeze Premier (collectively, “Yardi Breeze”) is made by and between you and RentGrow, Inc., a Delaware corporation located at 400 Fifth Avenue, Suite 120, Waltham, MA 02451 (“RentGrow”). For good and valuable consideration including the rights and obligations of the parties in the TOU and this Tenant Screening Services Terms of Use (the “Agreement” the “Screening Terms” or the “TS TOU”), you acknowledge and agree as follows:
1. Definitions.
“Applicant” means a current or prospective tenant of a Property who has consented in writing to End-User’s use of the Services in connection with the Permissible Purpose.
“Confidential Information” is defined as referenced in section 6 of this Agreement.
“Credit Bureau” and “CRA” mean each credit bureau such as Equifax®, Experian®, TransUnion® and other consumer reporting agency vendor (such as LexisNexis®) that provides information contained in the Services, either individually or collectively as understood by the context wherever referenced.
“Eligibility Criteria” means the Applicant selection policies or standards, as set solely by Client or other responsible party such as a property owner.
“End-Users” means Client and Client’s employees who access and use Services.
“Fair Credit Reporting Act” or “FCRA” means 15 U.S.C. § 1681 et seq. as may be amended from time to time.
“Permissible Purpose” means the use of the Services by End-Users for evaluating Applicants in accordance with this Agreement, the FCRA, all other applicable laws and regulations, and Schedule C.
“Property” or “Properties” means the property or properties and the designated units thereof for which you will be using the Services.
“Schedule C” refers to the required supplemental terms and conditions document available at https://www.rentgrow.com/us-screening-schedule-c/, which is fully incorporated into this TS TOU.
“Services” or “Screening Services” or “Tenant Screening Services” means the RentGrow tenant screening provided through Yardi Breeze that relate to or contain information expressly governed by the FCRA, other applicable local, state and federal laws and regulations, and Schedule C.
“Tenant Screening Report” means the information from any Credit Bureau assembled, merged and provided by RentGrow to Applicants and/or End-Users, as necessary.
2. Term and Termination.
a. You may terminate the Screening Services without cancelling Yardi Breeze by contacting a Yardi Breeze representative at (800) 866-1144.
b. Terminations by RentGrow are extraordinarily rare but may arise if, for example, you: materially violate this TS TOU; violate or threaten to violate legal or regulatory obligations; use the Screening Services for any improper purpose whatsoever; threaten or cause harm to RentGrow or a third party; as required by law; and the like. RentGrow will do its best to give you advance notice of any issues that could result in the termination of the Services so that you can cure them, but in some cases (such as if RentGrow discovers you are using the Screening Services improperly without regard to your obligations in the TS TOU) you may not be given an opportunity to cure. Additionally, RentGrow cannot guarantee that any information contained in the Services will be available from any specific Credit Bureau or CRA, so if one or more Credit Bureaus stop providing data to RentGrow for any reason, RentGrow may terminate all or part of this Agreement.
c. If your use of Yardi Breeze ends, is cancelled, or terminates, this TS TOU automatically ends, cancels or terminates at the same time, and any Fees you owe for prior use of the Services become immediately due.
d. Your and Yardi’s obligations under the TS TOU regarding compliance with the FCRA and all other applicable laws, and your obligation to pay for the Screening Services you used, shall survive the end, cancellation, or termination of the Screening Services.
3. Billing and Payments
a. If you are licensing Yardi Breeze Premier, your billing and payment terms are in your current Breeze Premier Supplement to the Terms of Use (and the remainder of this Section 4 does not apply to you).
b. If you are licensing Yardi Breeze, the amount you owe for your use of the Services is due and payable in accordance with the TOU. BY SIGNING UP FOR THE SERVICES AND PROVIDING A CREDIT CARD, YOU WARRANT, ACKNOWLEDGE AND AGREE THAT YOU ARE AUTHORIZED TO USE THE CREDIT CARD PROVIDED AND THAT YOU AUTHORIZE RENTGROW (OR YARDI, ON RENTGROW’S BEHALF) TO CHARGE THAT CARD EACH MONTH FOR THE SERVICES, AND ALL APPLICABLE TAXES. To avoid the consequences for a failure to pay as described in the TOU, it is your responsibility to provide and maintain a valid credit card within Yardi Breeze. To cancel these automatic payments or to change or update your credit card, you must contact a Yardi Breeze representative by calling (800) 866-1144 or a RentGrow representative by calling (800) 736-8476.
c. Failure to Pay. If for any reason your payment is declined, returned, or cannot otherwise be processed you will be notified by email at the email address on file for your billing point of contact. If after you receive such notice you wish to dispute the status of your account, you MUST do so in writing within 10 days from the date of the notice.
IF YOU DO NOT SUBMIT A WRITTEN DISPUTE, IF YOU AND RENTGROW ARE UNABLE TO REACH A MUTUALLY AGREEABLE RESOLUTION, OR IF YOUR ACCOUNT IS NOT BROUGHT INTO GOOD STANDING WITHIN 10 CALENDAR DAYS FROM THE DATE OF
THE NOTICE, THE SERVICES MAY BE TERMINATED. The address for submitting a written dispute is:
RENTGROW, INC.
C/O: YARDI SYSTEMS, INC.
LEGAL DEPARTMENT
430 S. Fairview Ave.
Goleta, CA 93117
4. Acknowledgements, Certifications, Criteria, Access and Location
a. Acknowledgements, Certifications and Required Supplemental Terms and Conditions. You and all End-Users shall only access and use the Services for the Permissible Purpose and are bound by: (1) the TS TOU; (2) the FCRA; (3) all other laws and regulations that apply to you; (4) the current version of Schedule C as available at https://www.rentgrow.com/us-screening-schedule-c/; and (5) all other local, state and federal laws and regulations (including all statutory penalties asserted or imposed) that apply to End-Users. Any aspect of the Services that fulfil End-User obligations under any local, state or federal law are offered as a courtesy but are not intended to, and shall not, shift any statutory or any other legal obligation from End-User to RentGrow or Yardi.
YOUR USE OF THE SERVICES SHALL CONSTITUTE YOUR EXPRESS ACCEPTANCE AND ACKNOWLEDGEMENT OF THE VERSION OF SCHEDULE C IN EFFECT AT THE TIME YOU USE THE SERVICES, IN ITS ENTIRETY. WHEREVER YOU ARE REQUIRED TO INITIAL SCHEDULE C, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCEPTANCE OF THE TS TOU AND YOUR USE OF THE SERVICES MEANS YOU HAVE AFFIRMATIVELY INITIALED WHEREVER REQUIRED.
b. Tenant Eligibility Criteria. You are solely and exclusively responsible for establishing the Eligibility Criteria for each Property. RentGrow plays no role whatsoever in determining the Eligibility Criteria for any Property, plays no role in any tenancy decisions and does not guarantee the effectiveness of Client’s Applicant selection policies or the accuracy of any Credit Bureau, CRA or other information delivered by way of the Services or in a Tenant Screening Report.
c. Access to and Use of the Services. Only End-Users are authorized to access and use the Services for the Permissible Purpose, and any unauthorized access to or use of the Services by anyone else shall entitle RentGrow to immediately suspend or terminate part or all of the Services.
d. Right to Audit and Compliance. You shall comply with all aspects of the TS TOU and the TOU that pertain to the Services, including but not limited to Yardi’s Know-Your-Client/Customer Identification Program (“KYC” or “CIP”).
e. Shared Location. If you operate from a physical location or on a server or network (the “Location”) that is shared with a third-party business (a “Company”): (i) you certify that you are legally entitled to operate at or on the Location shared with Company; and (ii) you shall prohibit and physically and/or electronically prevent Company from accessing or using the Services in any way for any reason.
5. Software Title/Non-Transfer. Just as with Yardi Breeze, all right, title and interest in and to ScreeningWorks Pro or any other aspect of the Services and software provided by RentGrow, its parent, or any of their affiliated entities shall remain exclusively with RentGrow or the applicable parent or affiliate. No title transfer is intended or executed by this Agreement.
6. Confidentiality. The terms of Confidentiality, Exceptions, Disclosure Obligations, and Returning Confidential Information in the TOU shall apply among you, Yardi and RentGrow.
7. Warranties.
a. Warranty Disclaimer (as between RentGrow and Client only). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, RENTGROW DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. Warranty Disclaimer (as between Client and each Credit Bureau only). SEE SCHEDULE C.
8. Damage Limitations.
a. Damage Waiver (as between RentGrow and Client only). REGARDLESS OF ANY OTHER PROVISION IN THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, RENTGROW DISCLAIMS ALL OBLIGATIONS AND LIABILITIES FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND COURT COSTS (EVEN IF RENTGROW HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT.
b. Damage Waiver (as between Client and each Credit Bureau only). SEE SCHEDULE C.
c. Liability Limit (as between RentGrow and Client only). IN ADDITION TO THE LIMITATIONS OTHERWISE SET FORTH IN THIS AGREEMENT (BUT EXCLUDING SCHEDULE C), AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN THE EVENT OF ANY CLAIM OR CAUSE OF ACTION BY CLIENT ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, RENTGROW’S MAXIMUM LIABILITY TO CLIENT, REGARDLESS OF THE AMOUNT OF LOSS CLIENT MAY HAVE SUFFERED, SHALL NOT EXCEED THE FEES PAID BY CLIENT TO RENTGROW FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE EARLIEST DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY.
d. Liability Limit (as between Client and each Credit Bureau only). SEE SCHEDULE C.
e. Non-Reliance Release (as between RentGrow and Client only). CLIENT HEREBY RELEASES RENTGROW AND ITS AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS FROM LIABILITY FOR: (i) ANY NEGLIGENCE RELATED TO OR IN CONNECTION WITH THE INFORMATION PROVIDED AS PART OF THE SERVICES; AND (ii) ANY LOSS OR EXPENSE RESULTING, DIRECTLY OR INDIRECTLY, FROM INFORMATION DERIVED FROM THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE CREDIT BUREAUS.
f. Non-Reliance Release (as between Client and each Credit Bureau only). SEE SCHEDULE C.
9. Assignment. The Services cannot be assigned by you for any reason without the prior, express, written consent of RentGrow, which RentGrow may withhold in its sole discretion. Any attempted or purported assignment without RentGrow’s prior, express, written consent is void. This Agreement is binding on and inures to the benefit of both you and RentGrow and our respective, authorized assigns, successors, and legal representatives.
10. Disputes. The Disputes provision of your Yardi Breeze TOU as between you and Yardi shall apply as between you and RentGrow, and by this reference that provision is incorporated herein.
11. General Provisions.
a. Independent Contractor Status. The parties agree that they are independent contractors and nothing in this Agreement is intended to make the parties partners, agents, joint venturers, or any other form of joint enterprise, or to make the employees, agents, or representatives of one of the parties into employees, agents, or representatives of the other party. No party to this Agreement shall have any express or implied right or authority to assume or create any obligations on behalf of any other party, and no party to this Agreement shall have any express or implied right to bind any other party to any contract, agreement, or undertaking with any third-party.
b. Governing Law and Venue. These Terms are governed and determined by the laws of the State of California, without any regard to conflicts of laws rules or regulations. Any action or proceeding related to or arising out of these Terms shall be resolved only in a court of competent jurisdiction in the City of Santa Barbara, State of California (or, if there is no court of competent jurisdiction in the City of Santa Barbara, California, then the court of competent jurisdiction closest to the City of Santa Barbara, California), and you and RentGrow expressly consent to the personal jurisdiction of such courts and waive any right to cause any action or proceeding to be brought or tried elsewhere.
c. Binding Effect. This Agreement is binding on and inures to the benefit of the parties and their permitted assigns, successors, and legal representatives.
d. Notices. All notices that RentGrow may be obligated to provide you under the FCRA or otherwise will be sent to the email address you provided during your Yardi Breeze registration and as may be updated by you from time to time. You expressly acknowledge and agree to keep your email address up to date. If you have any reason to contact RentGrow about your Services, you must either call (800) 736-8476 or write to RentGrow at:
RENTGROW, INC.
C/O: YARDI SYSTEMS, INC.
LEGAL DEPARTMENT
430 S. Fairview Ave.
Goleta, CA 93117
e. Property Information. In order to access and use the Services, and to remain compliant with the FCRA and other applicable law, you acknowledge and agree that (1) all of the information about the Properties for which the Services will be utilized that you provide during registration (the “Property Information”) is true, accurate, current and complete; and (2) that you will promptly update any Property Information that changes to ensure that it remains true, accurate, current and complete so long as you are using the Services.
f. The TOU and the TS TOU shall be read and construed together, and your obligations under the TOU not expressly modified by the TS TOU shall apply as between you and RentGrow with respect to the Services.