Effective date June 6, 2020
As you know, Tenant Screening Now, provides applicants, landlords, property management companies and others a website-based platform for communicating with each other and handling certain aspects of a residential real estate transaction.
The following terms and conditions govern all use of the Tenant Screening Now Website and all content, services and products available at or through the Website, whether accessed via a desktop computer or mobile device or mobile application. The Tenant Screening Now Website (Website) and the Tenant Screening Now platform is owned and operated by Tenant Screening Now, Inc.
This Agreement constitutes a binding agreement between you and Tenant Screening Now whether or not you are a customer or browse the services as a “Visitor”, where “you” or “your” refers to the person accessing or using the Services, or the entity on whose behalf they are acting.
PLEASE READ THIS AGREEMENT carefully. By accessing the site, downloading an application or using the services and materials you agree to be bound by THIS AGREEMENT. If you do not wish to be bound BY THIS AGREEMENT, you may not access or use the site, the services, or the materials, fill out the online application or download the application. If you do not agree to all of these terms, you must cease using the services and delete the application from your mobile device(s). If you are entering in this Agreement on behalf of a company, organization, or other legal entity, you warrant that you have the authority to bind that entity, as well as all users who will have access to your account, to the terms of this Agreement. If you don't have that authority or aren't sure if you have that authority, you may not enter into this Agreement and you may not use any of the Websites or products governed by this Agreement.
GENERAL TERMS APPLICABLE TO all users
User’s Commitment To Using The Services In Appropriate And
Legally Acceptable Manner
It is Tenant Screening Now’s goal to make access to the Services a good experience for all of Tenant Screening Now’s users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, your use of the Services, or access to the Services for any purposes other than for which the Services are being provided to you. You further agree, represent, and warrant that you will not do any of the following in connection with the Services:
Violate the laws of the United States, its states, or any subdivisions thereof, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Tenant Screening Now or its delegates.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Use the Service to publish violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive images.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Services, or its users’ computers.
Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of any software associated with the Services (including the tools, methods, processes, and infrastructure) that enables or underlies the Site, the Application or the Services.
Attempt to gain access to the secured portions of the Services to which you do not possess access rights.
Use the Services to generate unsolicited email advertisements or spam.
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders, or scripts).
Use the Services to stalk, harass or harm another individual.
Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
Do anything else which, at the sole discretion of Tenant Screening Now, could bring Tenant Screening Now into disrepute, or which violates the rights of any person.
Equipment and Technology Required To Use Services
You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a computer with internet and/or a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including internet connection or mobile fees that you incur while accessing the Services.
“User Content” is user-supplied information, comments, materials, files, communications, and documents. You are entirely responsible for each individual item of User Content that you post, publish, submit or make available through the Services. As between you and Tenant Screening Now, you retain ownership and any intellectual property rights in the User Content you post and/or submit.
You agree not to revise User Content posted by others, and you represent and warrant that you will not post or use any User Content in any manner that:
1. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
2. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
3. Is false or inaccurate or becomes false or inaccurate at any time;
4. Is discriminatory, unlawful, tortuous, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by Tenant Screening Now in Tenant Screening Now’s sole discretion;
5. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
6. Misrepresents your identity in any way;
7. Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancel bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. Advocates or encourages any illegal activity; or
9. Has the potential to create liability for Tenant Screening Now or cause Tenant Screening Now to violate the requirements of or to lose the services, in whole or in part, of Tenant Screening Now’s Internet service providers or other suppliers.
10. You do not have authority to post or use.
Though Tenant Screening Now strives to enforce these rules with all of its users, you may be exposed through Tenant Screening Now’s Services to User Content that violates these policies or is otherwise offensive. You access the Services at your own risk. Tenant Screening Now may, but is not obligated to, remove User Content from the Services for any reason, including if Tenant Screening Now determines or suspects that such User Content violates this Agreement.
Tenant Screening Now is merely acting as a passive conduit for such distribution and Tenant Screening Now takes no responsibility for your exposure to User Content through the Services whether it violates Tenant Screening Now’s content policies or not.
Under Florida Civil Code Section 1789.3, Florida users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Consumer Affairs may be contacted in writing at 200 East Gaines Street, Tallahassee, FL 32399-0322 , or by telephone at 1-877-MY-FL-CFO .
Tenant Screening Now reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Tenant Screening Now will not notify you at any time this Agreement is modified or replaced. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Tenant Screening Now may also, in the future, offer new services and/or features through the Website or Services (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Right to Refuse Service
Tenant Screening Now reserves the right to edit, screen or refuse to post listings or render the Services for any reason not prohibited by law but is not obligated to do so.
Third Party Links
Tenant Screening Now may terminate your access to all or any part of the Services at any time, with or without cause, with or without prior notice and at any time. If you wish to terminate this Agreement or your Tenant Screening Now account (if you have one), you may simply discontinue using the Website or Services. In the event that Tenant Screening Now chooses to terminate this Agreement, it is your sole responsibility to extract, port, download or otherwise preserve any content associated with your account. Upon effective termination of the Agreement you forfeit and relinquish access to all content in your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Proprietary Rights; Restrictions on Use
All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The Tenant Screening Now name, the Tenant Screening Now logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of Tenant Screening Now or its affiliates or licensors, and may not be used in connection with any service or products other than those provided by Tenant Screening Now, or in any manner that disparages or discredits Tenant Screening Now. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
The Website and Services are the property of Tenant Screening Now. Except as expressly provided in this Agreement, all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Website Content") are owned by Tenant Screening Now, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The foregoing shall not be read as a warranty of title.
Tenant Screening Now authorizes you to use the Services and access, view, use, download and print the Website Content subject to the following conditions:
you may use the Services, and download, access and print the Site Content, only in reasonable limited quantities for your personal, non-commercial use;
you may not modify the Website Content;
you may not remove or alter any copyright, trademark or other proprietary rights notices that have been placed in the Website Content.
you agree to be bound by the terms and conditions of this Agreement.
The rights granted to you herein constitute a limited, revocable license and not a transfer of title.
Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the Website Content, or any portion of the Website Content, is strictly prohibited without the prior written permission of Tenant Screening Now. If you violate any of the foregoing conditions, your right to use the Services and the Website Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title or interest in or to the Services or the Website Content is transferred to you, and all rights not expressly granted are reserved by Tenant Screening Now. Any use of the Services or the Website Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree, and represent and warrant, that your use of the Services, the Website and the Website Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Website Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
If you utilize a mobile application (“Application”) for use of the Services, the following terms are applicable and form an integral party of this Agreement:
Subject to your compliance with this Agreement, Tenant Screening Now grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the JotForm (an “App Store Sourced Application”), you will only use the JotForm ("collectively App Store") App Store Sourced Application as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
You acknowledge and agree that the availability of the application and the Services is dependent on the third party from whom you received the application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and Tenant Screening Now and not with the App Store, here . Tenant Screening Now, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services.
App Store Sourced Application
The following applies to any JotForm Sourced Application:
1. You acknowledge and agree that (i) this Agreement is between you and Tenant Screening Now only, and not the App Store, and (ii) Tenant Screening Now, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store terms of service.
2. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3. You and Tenant Screening Now acknowledge that, as between Tenant Screening Now and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4. You and Tenant Screening Now acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Tenant Screening Now and the App Store, Tenant Screening Now, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
5. You and Tenant Screening Now acknowledge and agree that the App Store, and any App Store subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store will have the right to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
6. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Suggestions Submitted to Tenant Screening Now
In the event that you submit ideas or suggestions for the Website, Site Content or Services ("Tell Us What You Think Comments"), the Services Comments will be deemed, and will remain, the sole property of Tenant Screening Now. None of the Services Comments will be subject to any obligation of confidence on the part of Tenant Screening Now, and Tenant Screening Now will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Tenant Screening Now will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TENANT SCREENING NOW OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, TENANT SCREENING NOW’S SERVICES, AND ALL MATERIALS ACCESSIBLE THROUGH TENANT SCREENING NOW’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TENANT SCREENING NOW MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR THE APPLICATION WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR THE APPLICATION, OR ANY DEFECTS IN THE SITE OR THE APPLICATION, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THE SITE OR THIS APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TENANT SCREENING NOW MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE OR THE APPLICATION AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE OR THE APPLICATION MAY BE OUT OF DATE, AND TENANT SCREENING NOW MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) TENANT SCREENING NOW DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH TENANT SCREENING NOW’S SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE OR THE APPLICATION; (II) TENANT SCREENING NOW MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) TENANT SCREENING NOW SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH TENANT SCREENING NOW’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TENANT SCREENING NOW ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM TENANT SCREENING NOW’S SERVICES OR IN CONNECTION WITH ANY MATERIALS OFFERED THROUGH TENANT SCREENING NOW’S SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENANT SCREENING NOW OR THROUGH OR FROM THE SITE OR THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Notwithstanding the foregoing, you represent and warrant that: (a) you have all right, power and authority to enter into and perform this Agreement; (b) the execution of this Agreement and performance of this Agreement will not violate any other agreement to which you are a party; (c) this Agreement constitutes a legal, valid and binding obligation; and (d) you shall perform this Agreement in accordance with all applicable laws
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TENANT SCREENING NOW ITS SUBSIDIARIES, AFFILIATES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TENANT SCREENING NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR THE APPLICATION, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE OR THE APPLICATION, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE OR THE APPLICATION THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE SITE OR THE APPLICATION.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY MEMBER, MANAGER, OFFICER, DIRECTOR, SHAREHOLDER OR AGENT OF TENANT SCREENING NOW SHALL NOT BE PERSONALLY LIABLE TO PAY ANY OBLIGATIONS SET FORTH HEREIN OR TO PERFORM ANY DUTIES, EITHER EXPRESSED OR IMPLIED, HEREIN CONTAINED, AND THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL PERSONAL LIABILITY OF ANY MEMBER, OFFICER, DIRECTOR, SHAREHOLDER OR AGENT OF TENANT SCREENING NOW OF EVERY SORT, IF ANY, IS HEREBY EXPRESSLY WAIVED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Tenant Screening Now may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Tenant Screening Now’s liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will Tenant Screening Now be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Tenant Screening Now’s reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties.
General Representation and Warranty
You agree to defend, indemnify, and hold Tenant Screening Now harmless from and against any claims, actions, demands, or damages, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your breach of this Agreement, or your access to, use or misuse of Tenant Screening Now’s Services or the content thereof, or your violation of applicable law. Tenant Screening Now shall give you notice of any such claim, suit or proceeding. Tenant Screening Now reserves the right to assume exclusive defense and control of any matter, which is subject to indemnification under this section. In such an event, you agree to cooperate with any reasonable request assisting Tenant Screening Now’s defense of such matter.
You hereby release Tenant Screening Now, its owners, officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services.
This Agreement constitutes the entire agreement between Tenant Screening Now and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tenant Screening Now, or by the posting by Tenant Screening Now of a revised version. In the event a court of competent jurisdiction renders any section of this Agreement invalid or unenforceable, the remainder shall remain valid, enforceable and in good effect.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the state of Florida, U.S.A., without respect to its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be subject to arbitration in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS") by an arbitrator(s) appointed in accordance with such Rules. The arbitration shall take place in Palm Harbor, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. Notwithstanding any rules of the JAMS to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Tenant Screening Now may assign its rights under this Agreement without condition. You may not assign obligations owed under this Agreement without written consent from Tenant Screening Now.
Tenant Screening Now complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:
Tenant Screening Now, Inc. PO Box 405, Crystal Beach, FL 34681
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other -intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Services; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- a physical or electronic signature of the subscriber; - identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; - a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled; and - your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Tenant Screening Now may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Specific Additional Terms For Rental
Tenant Screening Now’s Role
As you know, the Website and the Services provide an online venue in which landlords, landlord representatives, brokers, property managers, sub-lessors and potential renters can find and exchange information in connection with potential transactions involving residential real estate and, if they choose, to arrange transactions with one another.
You understand and agree that Tenant Screening Now is not a listing agent, licensed real estate professional, or brokerage agent; nor does it counsel parties to real estate rental transactions, physically show properties, or negotiate rental leases or sales contracts. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Tenant Screening Now and any user of the services provided by Tenant Screening Now.
Also, as Tenant Screening Now is not a law firm, you are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction.
The Data You Choose To Input
Tenant Screening Now is not liable for the data you upload or transmit to Tenant Screening Now. You are solely responsible for all data that you upload or transmit via Tenant Screening Now’s Services or Website and represent that you have the permission and authorization to submit the data you do transmit. We reserve the right to immediately terminate your access to Tenant Screening Now’s Services if you do not have permission to send Tenant Screening Now the data submitted. Tenant Screening Now does not have a responsibility to make back-up copies of your data or information, so you are responsible for creating backup copies of your data.
Landlords, real estate professionals and property managers utilizing Tenant Screening Now’s Platform may engage with Tenant Screening Now to perform background checks on potential renters. If your landlord real estate professional, or property manager is requesting a background check on you, you may receive such consent paperwork electronically on Tenant Screening Now’s Platform.
Any background checks shall be completed exclusively by Tenant Screening Now. Should you have any questions about any background check being performed on you, please contact the landlord, real estate professional, or property manager involved in your transaction.
Charges At Request Of Third-Party Clients or Tenant Screening Now
As part of the rental process, property managers, real estate broker/agents, landlords or their representatives, may pass along certain costs and fees to you and ask you to pay them via Tenant Screening Now’s platform. Tenant Screening Now may also assess certain fees for services provided. You will be informed of any charges before they are assessed, and you may be required to approve payment prior to receiving or accessing certain Services.
You agree that, with your authorization, we may charge your credit card for applicable fees and you understand that, once charged, such fees are non-refundable. If Tenant Screening Now does not receive payment from the issuer of the credit card associated with your Tenant Screening Now account, you agree to pay all amounts due upon demand directly to Tenant Screening Now, and Tenant Screening Now further reserves the right to either suspend or terminate your access to the Services in such circumstances. If an incorrect Social Security number is used during the application process, you will be charged a second time given the correct Social Security Number.
Separate and apart from Tenant Screening Now, you may also be asked to pay additional fee by a property manager, real estate broker/agent, landlord or their representative. You understand that we do not control and are not responsible for any additional fees you may be asked or required to pay by third parties such as these.
Specific Additional Terms For Landlords, Real Estate Professionals and Property Managers
Your Agreement for Use
To use the Services, you must provide the information requested by Tenant Screening Now.
Fair Housing Law Compliance
All submissions to and use of the Services may be subject to the federal, state, and local fair housing laws, which generally make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status (e.g. “No children” or “Not suitable for Children”), sexual orientation, ancestry, marital status, or source of income (e.g. “No Section 8" is prohibited). You agree that you shall comply with all applicable fair housing laws.
Compliance With Other Laws
You understand and agree that you are solely responsible for your own actions and processes with tenants, potential tenants, customers, clients and all other third parties. Tenant Screening Now is not licensed to provide legal advice and nothing included as part of the Services should be taken as legal advice.
You agree that you will obtain guidance from your own independent legal counsel prior to taking any action or utilizing the Services in any way. Your use of the Services is an acknowledgement that you understand the risks associated with this, and you hereby represent to Tenant Screening Now that you have taken the opportunity to receive independent legal guidance as to your processes and actions.
You understand and agree that legal compliance is your responsibility, and that Tenant Screening Now is not responsible for any failure of a broker, agent, landlord or property manager’s failure to comply with the law or regulation relating thereto, including, without limitation any changes thereto. Any documents or other materials generated by you through the Services are done at your own risk and Tenant Screening Now disclaims any responsibility or liability for the contents or format thereof.
Flyers and Marketing Materials
Although you may use Tenant Screening Now to generate a marketing flyer that contains any property information for your convenience, you accept full responsibility for ensuring that the flyer meets all applicable bureau of real estate requirements and other laws specific to the area in which you do business. You agree that you confer with your local, state and federal real estate regulatory authorities, and your legal counsel, as appropriate, for more information.
Applications and Other Forms
For your convenience, Tenant Screening Now may make certain documents available to you through the Platform. These include items such as rental applications, background screening consent forms, adverse action letters and other forms of correspondence. You understand that all such documents are offered solely as a courtesy and should not be construed as legal advice. Laws governing the content of such documents frequently change. Accordingly, you agree to consult with counsel as appropriate to make sure that you are using documents and processes that comply with any and all applicable federal, state, and local laws. Use of Tenant Screening Now’s sample documents or processes is entirely optional. Therefore, if you choose to use Tenant Screening Now’s sample documents or processes in part or whole, you agrees that such documents/processes should be considered your own (not that of Tenant Screening Now), and that you have consulted with your own legal counsel to the extent necessary regarding the use of such documents/processes. You agree to indemnify and hold harmless Tenant Screening Now, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity (“Claims”) related to your use of sample forms, sample documents, or processes made available by Tenant Screening Now.
At your discretion and subject to any related charges, you may use Tenant Screening Now’s Platform to order a background screening report on a prospective or current tenant from a third-party consumer reporting agency in the business of providing background screening reports. You understand and agree that all background screening reports are ordered from and prepared by TransUnion, not Tenant Screening Now, and that Tenant Screening Now is in no way responsible for the content of such background screening reports. You understand that TransUnion requires end-users ordering reports to agree to (additional terms) set forth here and you hereby agree to all such additional terms. Should you order background screening reports through Tenant Screening Now’s Platform, you certify that you have a permissible basis to do so under applicable law and also that you are in compliance with all applicable laws related to such background checks. Among other things, you certify that have met all applicable background screening consent requirements under federal, state and local law, including any applicable Florida requirements, and that you will comply with any applicable adverse action requirements under federal, state, and local law, including any applicable Florida requirements, should you decide to refuse to rent to a prospective or current tenant or take other adverse action against a prospective or current tenant. If you have any questions related to the content of a background screening report, you must follow up with TransUnion directly. You understand that credit reports cannot and will not be stored on the Platform. You agree to hold harmless and indemnify Tenant Screening Now, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all Claims related to any background checks conducted by you.
Request for Prospective Renters to Upload Documents
At your discretion and subject to any related charges, you may invite prospective tenants to upload documents that you may require during the application process (e.g., proof of income, government-issued ID, pet photos). You understand and agree that you shall only seek documents and information at a legally permissible time and in a legally permissible way, and that all such requests for documents shall conform to applicable law. You understand and agree that you are exclusively responsible for knowing what information you may ask for and when, and you certify that you have consulted with legal counsel as necessary on these issues.
Software Tools For Reference Checks
At your discretion and subject to any related charges, you may use Tenant Screening Now’s Platform Tenant Screening Now to accomplish your reference checks on prospective tenants. If you decide to use these software tools, you assume full responsibility for the content and timing of the reference checks you conduct. You further understand that the tools Tenant Screening Now makes available are self-help tools and, other than providing software tools, Tenant Screening Now plays no role in seeking, collecting, or evaluating information from any reference sources. You remain fully and exclusively responsible for conducting reference checks in a manner that is consistent with all applicable laws.