Version: August 9, 2022
Thank you for licensing your Yardi® property management software (the “Software”). The latest version of this DR TOU, which will be updated from time to time, is incorporated into the agreement or terms of use that apply to the Software you license.
The DR TOU contains important information about your release of data to Experian Data Corp.’s RentBureau division (RentBureau), and important terms for those of you who offer your tenants Resident-Link powered by Fraud Protection Network® (FPN Resident-Link). If you use FPN Resident-Link, you must release data to RentBureau, but you can release data to RentBureau without offering FPN Resident-Link.
RentBureau
1. You may be able to authorize the direct release of data in your Software database to RentBureau (the “RentBureau Process”). Authorization requires:
a. That Yardi support the RentBureau Process for your Software.
b. Your authorization and approval of the RentBureau Process.
c. That you enter into a data release agreement (or other similar agreement) with RentBureau (a “DRA”). The DRA is an agreement between you and RentBureau (not Yardi).
2. By approving the RentBureau Process, you acknowledge and agree that:
a. You (not Yardi) authorize the release of your data to RentBureau.
b. Your data was assembled and is owned or controlled exclusively by you (not Yardi).
c. In accordance with the DRA between you and RentBureau, you or RentBureau (not Yardi) are solely and exclusively responsible for what happens to your data after it is released to RentBureau.
d. Yardi is not a data furnisher as that term is defined and understood under any law or regulation, including the Fair Credit Reporting Act (FCRA), plays no role in the decision to release your data to RentBureau, that you are solely responsible for the review and validation of the accuracy of your data, and that how your data is stored, reviewed, used, aggregated, not aggregated, retained, deleted, interpreted, reported or otherwise handled after it is released to RentBureau is between you and RentBureau (not Yardi).
3. LIMITATION OF LIABILITY AND YOUR SOLE REMEDY RELATED TO THE RENTBUREAU PROCESS. NOTWITHSTANDING ANY OTHER PROVISION OF THE SOFTWARE AGREEMENT OR TOU THAT APPLIES TO YOU: (A) THE RENTBUREAU PROCESS IS SIMPLY THE RELEASE OF YOUR DATA, AS AUTHORIZED BY YOU, TO RENTBUREAU AND AS SUCH YOU, NOT YARDI, ARE SOLELY RESPONSIBLE FOR THE RELEASE YOUR DATA; (B) YARDI MAKES NO REPRESENTATIONS OR WARRANTIES OR OF ANY KIND ABOUT THE RENTBUREAU PROCESS; (C) YARDI SHALL NOT BE LIABLE TO ANYONE IN ANY WAY WHATSOEVER FOR YOUR DATA, THE RELEASE OF YOUR DATA, OR FOR ANY ERRORS, HARDWARE FAILURES, SOFTWARE FAILURES, APPROVAL FAILURES, SECURITY FAILURES, OR ANY DATA LOSS OR CORRUPTION RELATED TO OR CAUSED BY THE RELEASE OF ANY DATA VIA THE RENTBUREAU PROCESS; AND (D) NOTWITHSTANDING ANY OTHER PROVISION OF THE SOFTWARE AGREEMENT OR TOU THAT APPLIES TO YOU, UNDER NO CIRCUMSTANCES SHALL YARDI HAVE ANY OBLIGATION OR LIABILITY TO YOU, RENTBUREAU, ANY CONSUMER, OR ANYONE ACTING ON YOUR OR RENTBUREAU’S BEHALF FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS OR DAMAGES TO BUSINESS REPUTATION) RELATED TO THE RELEASE OF DATA TO RENTBUREAU, REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST YARDI FOR ANY CLAIMS YOU ARE PERMITTED TO BRING RELATED TO THE RENTBUREAU PROCESS AND YARDI’S MAXIMUM LIABILITY TO YOU, REGARDLESS OF THE AMOUNT OF LOSS YOU MAY CLAIM OR HAVE SUFFERED, SHALL BE LIMITED TO REVOKING YOUR AUTHORIZATION TO RELEASE DATA VIA THE RENTBUREAU PROCESS.
4. INDEMNITY. EXCEPT IN THE EVENT OF YARDI’S WILLFUL MISCONDUCT, TO THE EXTENT ANY CLAIMS ARE BROUGHT AGAINST YARDI BY RENTBUREAU OR ANY OTHER THIRD PARTY RELATED TO THE RELEASE OF YOUR DATA VIA THE RENTBUREAU PROCESS, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD YARDI HARMLESS FROM AND AGAINST ANY SUCH CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE RENTBUREAU PROCESS OR THE RELEASE OF YOUR DATA.
5. If at any time you choose to stop releasing data to RentBureau for any reason, you must notify Yardi in writing as described in the Software agreement or TOU that applies to you. Similarly, Yardi may, in its sole discretion, suspend or end the RentBureau Process at any time and for any reason. If at any time or for any reason the RentBureau Process is no longer providing your data to RentBureau, you, not Yardi, shall be solely responsible for releasing your data to RentBureau by some other means should you wish to continue releasing it.
FPN Resident-Link
1. If you offer FPM Resident-Link, the terms above for RentBureau apply to you. If you use RentBureau only and do not offer FPM Resident-Link, the terms that follow do not apply to you.
2. To offer FPN Resident-Link, you must also execute a Management Company Referral Agreement with Fraud Protection Network, Inc. (FPN) (the “Referral Agreement”). It is through the Referral Agreement that you will refer tenants to FPN, which in turn provides your tenants with subscription-based identity theft protection services (the “Services”).
3. You acknowledge and agree that FPN will pay a commission to Yardi as defined in your Referral Agreement with FPN, provided you remain an active user of Yardi’s Voyager, Breeze, or Breeze Premier property management software (the “Yardi software”).
4. If your Referral Agreement with FPN is terminated, Yardi will continue to facilitate previously established tenant payments, provided Client continues as an active user of the Yardi software, and continues to release data to RentBureau through the RentBureau Process.