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Terms of Use

 

Last updated March 2012

These Terms of Use disclose the terms and conditions of Rental Research Services, Incorporated (“Rental Research Services”) applicable to this website and the services offered in connection herewith (the “Site”). We encourage you to read these Terms of Use carefully. For purposes of these Terms of Use, “Rental Research Services” means and includes Rental Research Services and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. By accessing, viewing, and/or using (each a “use”) the Site, each user (individually, “User” and collectively, “Users”) understands and agrees to be bound by all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use or the Rental Research Services Privacy Policy, or otherwise do not understand or agree to be bound by these Terms of Use and the Rental Research Services Privacy Policy, do not use the Site and exit immediately.

User may print a copy of these Terms of Use by using the print button or feature in the browser. Rental Research Services suggests retaining a copy for future reference. User understands and agrees that Rental Research Services may revise these Terms of Use at any time, effective upon posting on the Site, and by continuing to use the Site, User agrees to be bound by future revisions. It is User’s responsibility to periodically visit the “Terms of Use” link at the bottom of the home page to review the most current version of these Terms of Use.

1. Acceptance of Terms of Use Agreement. These Terms of Use set out the legally binding terms and conditions applicable to the Site. These Terms of Use include Rental Research Services’ Privacy Policy, which is incorporated herein by reference. In addition, by using the Site, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use.

2. Eligibility. By using the Site, User represents and warrants that it currently meets and will continue to meet the following eligibility condition for as long as User uses the Site: User has the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use.  By using the Site, User understands and agrees that Rental Research Services may rely on the above Eligibility Condition representations and warranties as true. User understands and agrees that Rental Research Services may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.

If Rental Research Services becomes aware of violations to the Eligibility Conditions by any other User, it may suspend and/or terminate such User’s Account with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. Rental Research Services expressly disclaims, and each User expressly releases Rental Research Services from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (A) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (B) misstatements and/or misrepresentations made by any Users.

User hereby authorizes Rental Research Services to verify the above representations and warranties by User and User acknowledges and agrees that Rental Research Services shall have the right, but not the obligation, to verify such representations and warranties, which verification may include, without limitation, identification verifications, credit checks and/or using available public records, physical onsite inspections conducted by an authorized agent of Rental Research Services or a third party as well as ongoing compliance audits. User consents to any collection, use or disclosure in order to accomplish such verification. User agrees that Rental Research Services may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating User’s Account, should it determine in its sole discretion, that User has violated any representation or any other provision of these Terms of Use. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension.

3. Use of the Site. User agrees to use the Site in a manner that is lawful, relevant and proper to the applicable purpose. Any use of the Site that Rental Research Services, in its sole discretion, finds inappropriate may result in suspension and/or termination of a User with or without notice. Rental Research Services reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:

  • Use the Site for any purpose that is in violation of local, state, federal, or international law;
  • Take any action that would undermine any aspect of the Site;
  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
  • Impersonate another person or allow any other person or entity to use your user name, password or account;
  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell, distribute or exploit any information, materials or content on the Site.

User may report any alleged improprieties by any User to Rental Research Services by email at info@rentalresearch.com.

4. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify Rental Research Services of any unauthorized use of accounts or any other breach of security.

5. Links to Third Party Websites. The Site may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that Rental Research Services does not control or endorse such third party websites, any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at their own risk, that such third party websites are governed by such third party’s terms of use and privacy policies, and that Rental Research Services is not responsible for the privacy practices or other policies of such third party websites. Rental Research Services expressly disclaims, and each User expressly releases Rental Research Services from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.

6. Registration Compliance. The Site is intended for the purposes of resident screening.   All Users must create an account in order to use any of the resident screening reports.  User must comply with all requirements outlined in the registration process. Rental Research Services reserves the right to deny, suspend and/or terminate with or without notice the Account of any User who it believes has provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension.

7. User Information. “User Information” is defined as any information, content and/or materials User submits to Rental Research Services on or through the Site or by any other medium or method. Rental Research Services will use User Information in accordance with the Rental Research Services Privacy Policy.  User is solely responsible for its User Information. User Information, including without limitation in connection with registration and Users’ profiles, is self-reported and User understands and agrees that Rental Research Services does not independently verify that any or all of the User Information is accurate, timely or complete. User understands and agrees to provide Rental Research Services with any necessary updates to User information.  Rental Research Services will not be responsible for the acts of other Users with respect to User Information.

User represents and warrants that any User Information: (A) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User’s profile and/or use of the Site; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation in regards to consumer reporting and/or resident screening (D) shall not create liability for Rental Research Services or cause Rental Research Services to lose (in whole or in part) the services of the Rental Research Services ISPs or other partners or supplies. Rental Research Services may, but is not obligated to, review or delete any User Information that, in Rental Research Services’s sole discretion, violates these Terms of Use. If Rental Research Services becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may suspend and/or terminate such User’s Account with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination.

8. Prohibited Uses. The Site is for legitimate and legal use of rental property owners and managers to generate resident screening reports on applicants for rental housing.  This site is for no other purpose.  Users may only generate resident screening reports on legitimate applicants for rental housing who have completed and signed a rental application that has been reviewed and approved by Rental Research Services, an approved Rental Research Services branded Application for Apartment Occupancy, a rental application that conforms substantially to the Rental Research Services branded Application for Apartment Occupancy, a release or consumer consent that names Rental Research Services specifically and provides the consumer our complete physical street address, an electronic signature via the Rental Research Services branded web based rental application hosted by Rental Research Services or an alternative web based rental application with an electronic signature that complies fully with the Federal Electronic Signatures In Global And National Commerce Act (eSign) AND HAS BEEN REVIEWED AND APPROVED BY RENTAL RESEARCH SERVICES PRIOR TO USE. User may not request information from Rental Research Services for any other purpose including requesting information on themselves.

User may not collect User Information or any other information, materials or content on the Site, including without limitation names, phone numbers, email addresses, copyrighted text, , or otherwise misuse or misappropriate Site information, materials or content, using manual or automated means, including without limitation though web scraping, without express written permission from Rental Research Services. Should Rental Research Services have a reasonable basis to believe that User violated this section, Rental Research Services reserves the right, in addition to other remedies and at its sole discretion, to pursue financial remedies.

9. Fair Credit Reporting Act. Consumer reports are governed by the Fair Credit Reporting Act, 15 USC 1681 (“FCRA”). User hereby represents and warrants that it will comply fully and faithfully with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov. User agrees to comply with any applicable provisions of the FCRA relevant to them at all times. User certifies that each report requested will be for the purposes of resident screening.  User further certifies that each report requested will be used for no other purpose. Rental Research Services expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the use and sharing of any information in the consumer reports.  User is notified of their obligation to familiarize themselves with their compliance obligations and to review all compliance documentation from Rental Research Services, including but not limited to, FTC Notice to Furnishers and FTC Notice to Users, which are provided to you via the Resources section of www.rentalresearch.com.  You may also find these documents at http://www.ftc.gov/os/statutes/userfurnisher.shtm.

10. Billing and Payment Policy. Rental Research Services reserves the right, at any time, to modify its fees and/or billing methods. Upon registration approval, User agrees to pay Rental Research Services at the prices then in effect. Rental Research Services reserves the right to correct any payment errors even if it has already requested and/or received payment. Rental Research Services may use third party payment processing services to process credit card information. While Rental Research Services will use commercially reasonable efforts to protect the privacy of all personal and financial information, Rental Research Services expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to Rental Research Services’ use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties.  Rental Research Services reserves the right to charge financing charges, late fees, legal expenses and collection related expenses to User.  Rental Research Services holds the original corporate signor of the Subscribers Service Agreement responsible for satisfaction of any monies owed.  At no time will it become the responsibility of Rental Research Services to solicit other entities such as owners, partners, partnerships, corporations or LLC’s for satisfaction of monies owed.

11. Renewal and Cancellation. Accounts may be automatically extended for successive renewal periods of the same duration as the original Subscribers Service Agreement term originally selected. Rental Research Services may continue to renew Accounts until User requests a cancellation. To cancel an account, User must contact Rental Research Services by mail, and do so in accordance with the Subscriber Service Agreement. If User cancels its account, User will have access terminated immediately, and any/all monies still owed to Rental Research Services must be paid in full within seven (7) business days.

12. Suspension and Termination. Rental Research Services may suspend and/or terminate a User’s Account for any reason or for no reason at all and with or without notice, in Rental Research Services sole discretion. Suspension and/or termination of a User’s Account may include restricting access to and use of the Site. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination. Rental Research Services reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against Users for attempting to continue to use the Site during suspension or after termination, and User agrees that Rental Research Services may recover its reasonable attorney’s fees and court costs from User for such actions. Even while the User’s Account is suspended and after it is terminated, these Terms of Use will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

13. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and all other content (collectively “Proprietary Material”) on the Site is owned by Rental Research Services or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Rental Research Services also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Rental Research Services’ prior express written permission. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination or suspension from the Site and/or civil and/or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior written permission of Rental Research Services and/or the relevant right holder.

The service marks, trademarks, logos and trade names appearing on this Site are owned by Rental Research Services or are appearing on the Site with permission of the respective owners and User acknowledges the rights of Rental Research Services and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

14. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

15. Limited License. Rental Research Services grants User a nonexclusive, revocable right to use the Site for the authorized purposes stated in these Terms of Use provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site in any manner or form; or (C) violate these Terms of Use.

16. Modifications to the Site. Rental Research Services reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that Rental Research Services shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof.

17. No Joint Venture. User acknowledges that they are not legally affiliated with Rental Research Services in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by User’s use of the Site or these Terms of Use. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Rental Research Services, except as provided herein or authorized in writing by Rental Research Services.

18. Limitations on Use. In the interest of maintaining the performance and availability of the Site and in enforcing these Terms of Use, Rental Research Services reserves the right to place certain limitations on Users’ access to the Site. User acknowledges that this term supersedes any specific offer made by Rental Research Services and that these limitations may be enforced in Rental Research Services sole discretion. If User feels that these limitations are interfering with legitimate use of Rental Research Services in keeping with the Terms of Use, User agrees to refer this concern to Rental Research Services and abide by the determination of Rental Research Services.

19. Assumption of Risk. User assumes all risks when using the Site.

20. Limitation of Liability. Under no circumstances will Rental Research Services be liable to User or any other user or third party for any direct, indirect, incidental, consequential, special, punitive or exemplary damages. Notwithstanding anything herein to the contrary, the aggregate liability of Rental Research Services to any user will not exceed the total amounts paid by User for the specific report or data that had given rise to the claim or cause of action.

21. Phone Support Services. Rental Research Services additionally offers phone support services, including without limitation concierge services (“Phone Support Services”). Phone Support Services, including telephone communications with Rental Research Services and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, are subject to these Terms of Use, and each use of Phone Support Services, including telephone communications with Rental Research Services and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, also constitutes a use of the Site subject to these Terms of Use. Rental Research Services provides Phone Support Services for informational and transactional purposes only and does not deliver any professional advice, direction or guidance. User’s receipt, acceptance and/or use of any information in connection with Phone Support Services is User’s further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, releases and indemnities in these Terms of Use. If User uses Phone Support Services, then User expressly agrees to release Rental Research Services, and Rental Research Services hereby expressly disclaims, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the use of Phone Support Services, including without limitation the receipt, acceptance and/or use of information in connection with Phone Support Services.

22. General Provisions. Failure by Rental Research Services to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Site, shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. These Terms of Use, Privacy Policy and Subscribers Service Agreement constitute the entire agreement between User and Rental Research Services with respect to the Site. If any provision of these Terms of Use, Privacy Policy or Subscriber Service Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use, Privacy Policy and Subscriber Service Agreement shall remain in full force and effect.

23. Contact. Rental Research Services may be contacted at:

Client Contact Information 

By Mail:

Rental Research Services, Inc.
7525 Mitchell Road, Suite 301
Eden Prairie, MN 55344

By Phone:  1-800-328-0333

By Email:  info@rentalresearch.com

 
Consumer Contact Information

By Mail:

Rental Research Services, Inc.
P.O. Box 35
Maple Plain, MN 55359

By Phone:  1-800-624-7422