Version: February 16, 2023
Note: For purposes of all terms and conditions in these VS TOU only: (a) all references to “Qualified Subscriber” and “Subscriber” shall mean and refer to Client, Property Manager and End-User as those terms are defined in the Agreement, as applicable; and (b) all references to “CRA” shall mean and refer to RentGrow as defined in the Agreement, as applicable.
1. Subscriber acknowledges and agrees that if Client’s use of RentGrow’s screening services ends, is canceled, or terminates, this VS TOU automatically ends, cancels, or terminates at the same time, and any fees Subscriber owes for prior use of Verification Services become immediately due.
2. As an express condition of accessing and using the Verification Services, Subscriber acknowledges and agrees that it and all End-Users shall do so for its sole benefit and only for the Permissible Purpose of either:
a. Verifying, where available, the Applicant’s Social Security number, employment, and income information for Applicants to its Properties in connection with an application for market-rate rental housing; or
b. Determining, where available, the Applicant’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an Applicant’s financial responsibility or status in connection with an application for affordable housing.
3. Subscriber acknowledges that all terms and conditions of the Agreement apply to Subscriber’s use of Verification Services, including but not limited to all confidentiality obligations and RentGrow’s right to conduct random as well as regular monitoring of Subscriber’s access to and use of Verification Services for the purpose of validating that Subscribers are accessing and using Verification Services only for the applicable Permissible Purpose and in accordance with the Agreement and these TOU.
4. In the event of any material update to or modification of VS TOU that Subscriber does not accept, Subscriber must immediately stop using the Verification Services and notify RentGrow in writing within 7 days of the VS TOU revision date. Upon the receipt by RentGrow of such written notice from Subscriber, RentGrow will discontinue the Verification Services and terminate this schedule or exhibit for the convenience of both parties without penalty to Subscriber but subject to all other terms of the Agreement. In the absence of such written notice, the access to or use of the Services by Subscriber or any End-User shall constitute acceptance of the VS TOU in effect at the time of such access or use.
5. Subscriber acknowledges that RentGrow or its affiliates may aggregate, compile, and use any information or data it receives or performs in connection with the Verification Services for the purpose of providing that information to third-party vendors for Verification Services or for the purpose of improving or enhancing other services offered, or to be offered, by RentGrow or its affiliates.
6. Subscriber acknowledges and agrees that it will not:
a. Make the Verification Services available to, or use any Verification Services for the benefit of, anyone other than Subscriber;
b. Sell, resell, license, sublicense, distribute, make available, rent or lease any Service, or include any Service in a service bureau, time sharing, or outsourcing offering;
c. Use the Verification Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
d. Knowingly use the Verification Services to store or transmit malicious software code, e.g., code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses (collectively “Viruses”);
e. Knowingly interfere with or disrupt the integrity or performance of the Verification Services or third-party data contained therein;
f. Attempt to gain unauthorized access to the Verification Services or its related systems or networks;
g. Permit direct or indirect access to or use of the Verification Services in a way that circumvents a contractual usage limit, or use the Services to access or use any of any other party’s intellectual property except as permitted under this Agreement or an Order Form, copy the Verification Services or any part, feature, function or user interface thereof;
h. Frame or mirror any part of the Verification Services;
i. Access the Verification Services in order to build a competitive product or service or to benchmark with a different product or service; or
j. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Verification Services, or any part thereof (to the extent such restriction is permitted by law).
7. With respect to Verification Services offered through The Work Number®, which is operated by TALX Corporation (a provider of Equifax Verification Services (“EVS”)) (the “TWN Services”), Subscriber agrees that it is bound by the then-current version of the Qualified Subscriber Terms and Conditions and Service Descriptions for Qualified Subscribers, the full text of which is located and available online at: https://www.rentgrow.com/qualified-subscriber-terms-conditions or as RentGrow may otherwise provide to Client, and which is fully incorporated by reference herein as may be updated from time to time, with or without notice.
8. As indicated in the Qualified Subscriber Terms and Conditions and Service Descriptions for Qualified Subscribers, Client is required to initial certain terms. Client acknowledges and agrees that the execution of this schedule or exhibit shall fulfill such requirement on a continuing basis, including as to any updates to the Qualified Subscriber Terms and Conditions and Service Descriptions for Qualified Subscribers, to the extent Subscriber accesses and uses the Verification Services.
9. Subscriber acknowledges that RentGrow or its third-party vendors may monitor Subscriber’s use of the Verification Services and may prohibit any use of the Verification Services it believes to be in violation of the Agreement.
10. Subscriber is responsible for maintaining the security of its account, passwords (including but not limited to administrative and user passwords), and for all uses of Subscriber’s account. Subscriber will promptly notify RentGrow if Subscriber knows or reasonably suspects that any username or password has been compromised.
12. Subscriber will implement and monitor procedures to comply with applicable laws regarding personal data and will implement procedures concerning the safeguarding and disposal of personal identifying information (PII).
13. Subscriber will maintain safeguards and take all necessary technical, physical and organizational precautions to reasonably protect PII from unauthorized access, alteration, destruction, disclosure, erasure, manipulation, and destruction by third parties while PII is in the possession or under the control of Subscriber and ensure that PII is not processed in other ways contradictory to privacy and/or data protection applicable laws.
14. Subscriber acknowledges that RentGrow or its affiliates may aggregate, compile, and use any information or data it receives or performs in connection with the Verification Services for the purpose of providing that information to its third-party vendors or for the purpose of improving or enhancing other services offered, or to be offered, by RentGrow or its affiliates.
15. Subscriber acknowledges and agrees that all terms and conditions of the Agreement (Fee Schedule) relating to payment terms, taxes, and additional terms apply to Subscriber’s use of Verification Services.