Rentsoft

ATTACHMENT B
SMARTMOVE® END USER AGREEMENT

This SmartMove® End User Agreement ("Agreement") is entered into between TransUnion Rental Screening Solutions, Inc. ("TURSS") and the undersigned subscriber ("Subscriber"). This Agreement governs Subscriber's use of TURSS's SmartMove® Services and SmartMove® ShareAble Services (collectively, the "Services"). By clicking "I AGREE" or by accessing or using the Services, Subscriber acknowledges that Subscriber has read, understood, and agrees to be bound by this Agreement.

1. Scope of Services

1.1 SmartMove® Services. TURSS will provide Subscriber with access to certain online screening services, which may include credit reports, criminal background checks, eviction records, and other consumer reports and information (collectively, "Consumer Reports") regarding prospective tenants ("Applicants").

1.2 SmartMove® ShareAble Services. TURSS will provide Subscriber with access to Consumer Reports that Applicants have consented to share with Subscriber through TURSS's ShareAble platform. Subscriber acknowledges that ShareAble Consumer Reports may not include all information necessary to comply with applicable laws, including the Fair Credit Reporting Act.

1.3 Service Modifications. TURSS reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to Subscriber. TURSS shall not be liable to Subscriber or any third party for any modification, suspension, or discontinuance of the Services.

2. Business Certification

Subscriber certifies that Subscriber is engaged in the business of renting or leasing residential real property and that Subscriber will use Consumer Reports solely to evaluate Applicants for such rental or lease transactions. Subscriber will not use Consumer Reports for any other purpose, including but not limited to decisions regarding employment, insurance, credit extension, or government benefits.

3. Use of Consumer Reports

3.1 Permissible Purpose. Subscriber certifies that each Consumer Report requested will be used solely for a permissible purpose under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), specifically to evaluate an Applicant's application for a rental or lease of residential property.

3.2 Applicant Consent. Before requesting a Consumer Report, Subscriber must obtain the Applicant's written consent in compliance with the FCRA and any applicable state and local laws. Subscriber is solely responsible for obtaining and maintaining such consent.

3.3 Adverse Action Notices. If Subscriber takes adverse action against an Applicant based in whole or in part on information contained in a Consumer Report, Subscriber must provide the Applicant with an adverse action notice in compliance with the FCRA, including:

  • The name, address, and telephone number of the consumer reporting agency that provided the report
  • A statement that the consumer reporting agency did not make the adverse decision and is unable to explain why the decision was made
  • A notice of the Applicant's right to obtain a free copy of the Consumer Report from the consumer reporting agency
  • A notice of the Applicant's right to dispute the accuracy or completeness of any information in the Consumer Report

4. Fair Credit Reporting Act Compliance

4.1 FCRA Obligations. Subscriber acknowledges and agrees that Subscriber is subject to the FCRA and is solely responsible for complying with all applicable provisions of the FCRA, including but not limited to:

  • Obtaining proper authorization from Applicants before requesting Consumer Reports
  • Using Consumer Reports only for permissible purposes
  • Providing required adverse action notices to Applicants
  • Maintaining the confidentiality and security of Consumer Reports
  • Properly disposing of Consumer Reports in accordance with the Fair and Accurate Credit Transactions Act (FACTA)

4.2 State and Local Laws. Subscriber is also responsible for complying with all applicable state and local laws governing the use of Consumer Reports in rental housing decisions, including but not limited to "ban the box" ordinances, fair housing laws, and privacy regulations.

4.3 Training and Education. Subscriber represents that Subscriber has received adequate training on the proper use of Consumer Reports and compliance with the FCRA and other applicable laws, or will seek such training before using the Services.

5. Ancillary Services

TURSS may offer certain ancillary services in connection with the Consumer Reports, such as risk scores, recommendations, or other analytical tools ("Ancillary Services"). Subscriber acknowledges that any such Ancillary Services are provided for informational purposes only and should not be the sole basis for any rental decision. Subscriber remains solely responsible for making all rental decisions and for complying with all applicable laws in connection with such decisions.

6. Confidentiality and Data Security

6.1 Confidential Information. Consumer Reports and all related information provided by TURSS are confidential and proprietary to TURSS and/or its data suppliers. Subscriber agrees to maintain the confidentiality of all Consumer Reports and to use them solely for the purposes permitted under this Agreement and the FCRA.

6.2 Security Safeguards. Subscriber agrees to implement and maintain appropriate administrative, technical, and physical safeguards to protect Consumer Reports from unauthorized access, use, or disclosure. Such safeguards must be consistent with industry standards and applicable laws and regulations.

6.3 Disposal Requirements. Subscriber agrees to properly dispose of Consumer Reports in accordance with the FCRA and FACTA by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

6.4 Data Breach Notification. Subscriber agrees to promptly notify TURSS in writing of any security breach involving unauthorized access to or disclosure of Consumer Reports, and to cooperate with TURSS in investigating and responding to such breach.

7. Fees and Payment

7.1 Service Fees. Subscriber agrees to pay all applicable fees for the Services as set forth on the TURSS website or as otherwise communicated by TURSS. TURSS reserves the right to modify its fees at any time upon notice to Subscriber.

7.2 Payment Terms. Payment is due at the time of service unless otherwise agreed in writing. Subscriber authorizes TURSS to charge the payment method provided by Subscriber for all fees incurred under this Agreement.

7.3 Taxes. Subscriber is responsible for all applicable taxes associated with the Services, excluding taxes based on TURSS's net income.

8. Account Registration and Security

8.1 Account Information. Subscriber must register for an account to access the Services and must provide accurate, complete, and current information during the registration process. Subscriber agrees to update such information as necessary to maintain its accuracy.

8.2 Account Security. Subscriber is responsible for maintaining the confidentiality of account credentials and for all activities that occur under Subscriber's account. Subscriber agrees to immediately notify TURSS of any unauthorized use of Subscriber's account or any other breach of security.

8.3 Account Sharing. Subscriber may not share account credentials with any third party or allow any third party to access Subscriber's account. Each individual user must have their own separate account credentials.

9. Term and Termination

9.1 Term. This Agreement commences upon Subscriber's acceptance and continues until terminated by either party.

9.2 Termination by Subscriber. Subscriber may terminate this Agreement at any time by discontinuing use of the Services and closing Subscriber's account.

9.3 Termination by TURSS. TURSS may suspend or terminate Subscriber's access to the Services immediately, without notice, for any reason, including but not limited to:

  • Breach of this Agreement
  • Violation of the FCRA or other applicable laws
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Provision of false or misleading information

9.4 Effect of Termination. Upon termination, Subscriber's right to access and use the Services immediately ceases. Subscriber must immediately cease using all Consumer Reports and must securely dispose of all Consumer Reports in Subscriber's possession in accordance with applicable law. Sections of this Agreement that by their nature should survive termination shall survive, including but not limited to confidentiality obligations, disclaimers, limitations of liability, and indemnification.

10. Disclaimers and Warranties

10.1 Services Provided "As-Is". THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

10.2 No Warranty of Accuracy. TURSS DOES NOT WARRANT THAT THE CONSUMER REPORTS OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR CURRENT. SUBSCRIBER ACKNOWLEDGES THAT CONSUMER REPORTS MAY CONTAIN ERRORS OR OMISSIONS AND AGREES TO COMPLY WITH THE FCRA'S REQUIREMENTS REGARDING ACCURACY AND DISPUTE RESOLUTION.

10.3 No Warranty of Availability. TURSS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10.4 Third-Party Content. TURSS is not responsible for any third-party content accessed through the Services or for any errors or omissions in such content.

11. Limitation of Liability

11.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TURSS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF TURSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TURSS'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER TO TURSS FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Basis of the Bargain. The limitations set forth in this Section 11 reflect the allocation of risk between the parties and form an essential basis of the bargain between the parties. The limitations will apply even if any limited remedy fails of its essential purpose.

12. Indemnification

Subscriber agrees to indemnify, defend, and hold harmless TURSS, its affiliates, and their respective officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

  • Subscriber's use of the Services
  • Subscriber's violation of this Agreement
  • Subscriber's violation of any law or regulation, including but not limited to the FCRA
  • Subscriber's violation of any rights of any third party, including Applicants
  • Any rental decisions made by Subscriber

13. Governing Law and Dispute Resolution

13.1 Governing Law. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles.

13.2 Jurisdiction and Venue. Any claim or dispute arising out of or related to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Chester County, Pennsylvania, and Subscriber consents to the exclusive jurisdiction and venue of such courts.

13.3 Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES.

14. General Provisions

14.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

14.2 Amendments. TURSS reserves the right to modify this Agreement at any time by posting a revised version on its website or by providing notice to Subscriber. Subscriber's continued use of the Services following such notice constitutes acceptance of the revised Agreement.

14.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 No Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

14.5 Assignment. Subscriber may not assign this Agreement or any rights or obligations hereunder without TURSS's prior written consent. TURSS may assign this Agreement without restriction.

14.6 Independent Contractors. The parties are independent contractors and nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

14.7 Notices. Any notices required or permitted under this Agreement must be in writing and will be deemed given when delivered personally, sent by confirmed email, or sent by certified mail, return receipt requested, to the addresses specified in Subscriber's account or as otherwise provided by TURSS.

Acceptance

BY CLICKING "I AGREE" OR BY ACCESSING OR USING THE SERVICES, SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS AGREEMENT. SUBSCRIBER CERTIFIES THAT SUBSCRIBER IS AUTHORIZED TO BIND THE ORGANIZATION ON WHOSE BEHALF SUBSCRIBER IS ACCEPTING THIS AGREEMENT.

For questions regarding this Agreement, please contact:
TransUnion Rental Screening Solutions, Inc.
Email: smartmove@transunion.com
Website: www.smartmove.com