Terms of Service
Effective Date: May 20th, 2019
These Terms of Service (“Agreement”) constitute a legally binding agreement between you and RentCheck Holdings, Inc. (“RentCheck”) governing your use of RentCheck’s websites getrentcheck.com, the RentCheck mobile application (the “RentCheck App”), any other website or app owned by RentCheck that links to this Agreement, and any products, services, and Content submitted or accessed through such websites and apps (collectively, the “Services”). By accessing RentCheck’s website, installing the mobile application, creating a RentCheck account, or using any Service, as applicable, you accept and agree to this Agreement. RentCheck reserves the right, at any time, to modify, alter, or update any provision of this Agreement without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of any Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement, as amended.
Additional Terms. Services may be subject to additional terms. Your use of our Services is subject to RentCheck’s Privacy Notice, which is available at . If you or your account is associated with a Master Services Agreement with RentCheck (“MSA”), then to the extent there is any conflict with any provision of this Agreement and the MSA, then the latter will control. You must comply with all applicable third party terms of agreement when using the RentCheck App, including (as applicable) outside payment processors terms, Apple App Store terms, Google Play Store terms, your wireless data service agreement, and any other applicable third party terms. Payments processed through the Services may further be subject to the guidelines, bylaws, rules, and regulations imposed by payment method providers (e.g., Visa, Mastercard, Discover and American Express networks), other financial institutions, and NACHA operating rules (for ACH transactions). Certain third parties may have rights under this Agreement as third party beneficiaries.
Your Account. Subject to the other provisions of this Agreement, RentCheck’s Services are available only to users who have an account registered with RentCheck. Access to and use of password protected and/or non-public information on the Service is restricted to authorized, registered users only. Unauthorized access to such information is prohibited, and you are responsible for maintaining the security of any access credentials that may grant access to non-public information available through the Service. You must not access the Service through a username and password that has not been issued specifically to you, personally. The right to use the Service is personal to you and is not transferable by you to any other person or entity. Any attempt to transfer your registration to a third party shall be void and shall constitute a breach of this Agreement. In order to protect you and your data, RentCheck may suspend your access to any Service, with or without notice, if any unauthorized access or breach of security is suspected.
Content You Submit. RentCheck’s Services may allow you to submit materials such as comments, pictures, and videos, including associated metadata, and other works of authorship (collectively, “Content”), and the Services may allow you to access third party Content. Your use of such features must comply with the Usage Rules below. If you see Content that do not comply with RentCheck’s Usage Rules, please report it to RentCheck. You hereby grant RentCheck, other authorized users of RentCheck’s services, and RentCheck’s business partners a worldwide, royalty-free, perpetual, nonexclusive license to use the Content you submit to allow RentCheck to render the Services to you, for related marketing purposes, and for RentCheck’s internal purposes. RentCheck may (but is not obligated to) monitor and decide to remove or edit any submitted Content. RentCheck is not responsible for examining or evaluating any Content, and shall not be liable for any such Content. Content displayed by the RentCheck website and RentCheck App is for general informational purposes only and is not guaranteed by RentCheck or its agents. Rentcheck may delete Content that violates this Agreement, and Rentcheck reserves the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Rentcheck in order to comply with certain legal obligations and may not be produced without valid Legal Process. Rentcheck will not be liable to you for any modification, suspension, or discontinuation of the Services or the loss of any Content.
Usage Rules. Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services or Content is a material breach of this Agreement. RentCheck may monitor your use of the Services and Content to ensure that you are following these Usage Rules:
1. All information and Content you submit through the Services is true, complete, and accurate.
2. You may use the Services only for personal or internal business purposes.
3. You may access the Services only using RentCheck’s website and the RentCheck App, and may not modify or use modified versions of such software.
4. You may use the RentCheck App only on devices that you own or control.
5. Access to third party Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
6. You may not copy, modify, or publicly display any third party Content or transmit any third party Content to any other person.
7. You may not tamper with or circumvent any security technology included with the Services.
8. You may not upload, transmit, distribute or otherwise publish through the Service any materials that contain a virus, malware or other harmful software or other component or that would harm the Service, allow unauthorized access to third party information, or cause the Service to malfunction.
9. You may not submit any Content that you do not have permission, right or license to use.
10. You may not submit any Content that infringes the intellectual property rights of RentCheck or any third party.
11. You may not submit Content that is false, objectionable, offensive, unlawful, deceptive, or harmful.
12. You may not submit Content that includes nude, partially nude, or sexually suggestive images.
13. You may not submit Content to harass, abuse, stalk, threaten or defame any person or entity.
14. You may not submit Content containing personal, private or confidential information belonging to others.
15. You may not request personal information from a minor through the Service.
16. While using the Service, you may not impersonate or misrepresent your affiliation with another person, or entity.
17. You may not create an account or use the Services in a manner that creates a likelihood of confusion with any third party’s trademark.
18. You may not use the Service to submit or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
19. You may not trespass or burdening or interrupting network capacity for the Service.
20. You may not use the Service to plan or engage in any illegal, fraudulent, or manipulative activity.
21. You may not access or use RentCheck’s APIs, except through the RentCheck App or as otherwise permitted by RentCheck.
Limited License. Subject to your compliance with the other provisions of this Agreement, including but not limited to the Usage Rules, RentCheck grants you a limited, revocable, non-exclusive, non-transferable license, solely for the purpose of accessing and using the Services, to: (i) access RentCheck’s websites and (ii) to download, install, and use the RentCheck App. You may not copy, distribute, transmit, display, publish, sell, rent, license, create derivative works or otherwise use any RentCheck’s website, the RentCheck App, or any other software used to access the Services for any purpose, except as expressly authorized by this Agreement. RentCheck reserves all rights not expressly granted to you, including rights to unpublished works. Such software is subject to copyright and trade secret protection by RentCheck and/or RentCheck’s licensors. The foregoing license is not a sale, and RentCheck and/or its licensors retain title to such software and any copies thereof. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, distribute, make available over a network, sublicense, modify, move, add to, delete or otherwise tamper with or create derivative works of RentCheck’s Services or software, any updates thereto, or any part thereof. If you sell or transfer your mobile device to a third party, you must remove the RentCheck App from such device before doing so. Any actual or attempted breach of any obligation under this paragraph is a violation of the rights of RentCheck and/or its licensors and constitutes irreparable harm.
Fees and Payments. You will pay all fees due to RentCheck for your use of Services. If you purchase a subscription, it may result in recurring charges to your payment card or method, and you agree that Rentcheck may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. For any payments sent or requested through the Service, RentCheck will only remit funds that are confirmed as having been actually received. Rentcheck and its payment processors may debit funds from your account if a bank initiates a reversal, chargeback, or dispute of a payment made by you, in accordance with applicable financial institution and network policies and procedures. Rentcheck may also initiate a reversal or other debit, or take other appropriate actions, in case of actual or suspected fraud or abuse. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. To terminate your authorization or change your payment method, please contact us at firstname.lastname@example.org.
Indemnification. You agree to defend, indemnify, and hold harmless RentCheck, its parents, subsidiaries, affiliates, Rentcheck, officers, directors, and employees, from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Rentcheck website, Rentcheck App, or any other Service, another’s use of the Service using your access credentials, any disputes over fees or payments made through the Service, or any conduct that would constitute a violation of this Agreement.
Termination. This Agreement is effective until terminated by you or Rentcheck. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
Technical Data. RentCheck may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to your use of the RentCheck website and RentCheck App. RentCheck may use this information to improve its products, to provide services or technologies to you, or otherwise as permitted by RentCheck’s Privacy Notice.
NO WARRANTY. RENTCHECK RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE AND ACCEPT THAT RENTCHECK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SERVICES AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF RENTCHECK’S CONTROL. RENTCHECK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD RENTCHECK EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE, OR INTERRUPT ACCESS TO, ANY SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF RENTCHECK’S WEBSITE AND RENTCHECK APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RENTCHECK APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE RENTCHECK APP ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RENTCHECK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RENTCHECK APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, REDHIBITION, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RENTCHECK OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE RENTCHECK APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. RENTCHECK BEARS NO RESPONSIBILITY FOR THE ACCURACY OF OTHER USERS’ INFORMATION OR CONTENT. RENTCHECK DOES NOT PROVIDE LEGALLY BINDING ARRANGEMENTS AND IS NOT A SUBSTITUTE FOR A WRITTEN LEASE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RENTCHECK BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RENTCHECK APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF RENTCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RENTCHECK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
External Services. You may use Services to enable access to RentCheck’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. RentCheck is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the RentCheck websites, RentCheck App, or External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by RentCheck or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of RentCheck or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that RentCheck is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. RentCheck reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Legal Compliance. Only lawful residents of the United States who are over the age of 18 years of age may use the Services. Access to and use of the Service is subject to all applicable federal, state, and local laws and regulations. You will abide by these laws and regulations and not use the Service, including related software, in any way that violates such laws or regulations. You further agree not to transmit any material through the Service that encourages conduct that could constitute a criminal offense, give rise to civil liability. If you are a lessor, you must understand and obey all fair-housing and anti-discrimination laws and other laws that may be applicable to leasing residential properties. If you are accessing our website from outside of the United States, you do so on your own initiative and you are responsible to ensure compliance with the laws of the United States (which include export control laws applicable to software) and the laws of your jurisdiction. You may not use or otherwise export or re-export the RentCheck App except as authorized by United States law and the laws of the jurisdiction in which the RentCheck App was obtained. In particular, but without limitation, the RentCheck App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the RentCheck App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. The RentCheck App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Data Transmissions. You acknowledge that transmissions to and from the Service could be read or intercepted by others. RentCheck is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You acknowledge that by submitting communications through the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and RentCheck, except as provided in this Agreement.
Securing Access Credentials. You will use best efforts and to take any and all actions necessary to maintain the privacy of your access credentials (including your username and password and means for recovering access to your account), including, without limitation, safeguarding your access credentials in a private and secure place, changing your password periodically, adopting special precautions when accessing the Service from a computer that is available for use by other users, and exiting from the Service at the end of each session. Do not use a password for your RentCheck account that is the same or similar to any other account, and do not share your access credentials with anyone. You are solely responsible for all acts and omissions using your registered account that were performed using valid access credentials, and Rentcheck has no duty or obligation to independently verify such acts or omissions. In the event that you have reason to believe that an unauthorized third party has access to your account, you should immediately change your password and notify RentCheck.
Links to RentCheck’s Website. RentCheck prohibits unauthorized links to its websites, the framing of any information contained on the websites, or any portion thereof. RentCheck reserves the right to disable any unauthorized links or frames and has no responsibility or liability for any material on other website that may contain links to RentCheck’s website.
Copyright and Trademark Information. All materials and Content included or available on or through the Service, including the design, text, graphics, interfaces, and the selection and arrangements thereof is the property of RentCheck and/or third parties. Any use of materials and Content available through the Services, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RentCheck is strictly prohibited. You will not use any robot, spider, or other automatic device, or manual process to monitor or copy RentCheck’s websites, the RentCheck App, or the Content contained therein without prior written permission of an authorized officer of RentCheck. RENTCHECK and related designs are proprietary marks of RentCheck, and the design, graphics, arrangement, and colors used for the RentCheck websites and the RentCheck App is RentCheck’s trade dress (collectively “Service Marks”). RentCheck’s Service Marks may not be used in connection with any product or service that is not provided by RentCheck, in any manner that is likely to cause confusion among customers, or in any manner that disparages, tarnishes, or dilutes the distinctiveness of RentCheck’s Service Marks. All other trademarks displayed on RentCheck’s websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web Services of third party vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with RentCheck.
Responding to Legal Process. RentCheck may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. RentCheck may deliver or hold any funds or data as required under such Legal Process, even if you are receiving funds or data on behalf of other parties. Where permitted by law, we will make reasonable efforts to notify you of such Legal Process by sending a copy to the email address we have on file for you. RentCheck is not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process.
Dispute Resolution. You agree that, in the event a dispute arises between Company and you, you will attempt, in good faith, to resolve such dispute in an amicable and equitable manner via mediation. However, if any dispute cannot be so resolved, then you agree that the matter will be decided as follows:
i. Arbitration of Privacy Issues. For any claims based on or arising from an alleged violation of your privacy, the dispute shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Either of us may apply to the American Arbitration Association to institute the arbitration proceedings. The fees and expenses of the arbitrators will be shared equally by both parties. The arbitration will take place in Orleans Parish, Louisiana.
ii. Litigation in Courts of Non-Privacy Issues. For all other claims, the parties to this Agreement consent to the personal jurisdiction and venue of the state and federal courts with districts that include Orleans Parish, Louisiana. Neither party may file any lawsuit in any other court.
To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the state of Louisiana, without giving effect to any principles of conflicts of laws.
Other Provisions. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement may be assigned by RentCheck, in our sole discretion, to a third party in the event of a merger, acquisition, or sale of assets.
DMCA Takedown Requests. If you believe that one of our users is, through the use of RentCheck’s Services, unlawfully infringing the copyright(s) in a work, please notify RentCheck’s Copyright Agent, below. If you wish to have the allegedly infringing material removed, you must provide the following:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Any misrepresentation of material fact (i.e., false statements) in a written notification to RentCheck’s Copyright Agent will subject you to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Contact. If you have any questions about RentCheck’s Services or this Agreement, you may reach RentCheck by using the following contact information:
RentCheck Holdings Inc.
2920 Annunciation Street
New Orleans, LA 70115
This is RentCheck’s designated “Copyright Agent.” Please use this contact for all notices and communications permitted or required under this Agreement. You agree to allow us to contact you via any contact information you provide through the Service, including your email address. If you authorize RentCheck to contact you by SMS text messages, network charges may apply, and you may stop such messages at any time.