ktenantreports.com

Terms of use

TERMS OF USE AGREEMENT:

Effective Date:  August 17, 2012

 

Welcome to KTenantReports.com (the “Website”), a service provided by KTenantReports.com, LLC (which is identified in the Terms as “KTenantReports.com,” “we”, “us” or “our”).  Use of the Website is governed by the terms and conditions of this agreement (“Terms”).  Please read these terms and conditions carefully.  If you do not agree to the terms and conditions in the Terms, then please do not use the Website.

  1. Your Agreement

For purposes of the Terms, “you” means the person using the Website.  If you are using this Website on behalf of an entity, then “you” means your company, its officers, members, agents, successors and assigns.
By using the Website, you are indicating that you have read, understand and agree to be bound by the policies, terms and conditions set forth in the Terms in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.

  1. Modifications to the Terms

KTenantReports.com may revise the Terms at any time.  By using the Website, you agree to be bound by the current form of the Terms.  It is your responsibility to return to the Terms from time to time to review the most current terms and conditions.  KTenantReports.com does not and will not assume any obligation to notify you of changes to the Terms.  KTenantReports.com reserves the right, but has no obligation, to make changes to the Website and to these terms and conditions at any time.  Any such modifications will become effective upon the date they are first posted to the Website.

  1. Accounts and Use of Website

With regard to your account and use of the Website, you understand and agree:

    1. To provide complete and accurate information to create your account, to make any payments and to keep your account information up-to-date; to maintain all information provided and provide upon request to KTenantReports.com.
    2. To access K Tenant Reports's consumer reporting services only in conjunction with signed rental applications for tenant screening purposes, and to not access reports for personal, employment, credit repair, resale, or any other purposes.
    3. To use the information provided by KTenantReports.com solely in compliance with all applicable federal, state or local laws, including but not limited to the Fair Credit Reporting Act.  You accept full responsibility for complying with all such laws and for using the information you receive from KTenantReports in a legally acceptable fashion. 
    4. That you have defined criteria for accepting and rejecting rental applicants and that you have sole responsibility for all rental applicant selection and rejection decisions. You agree that KTenantReports.com makes no determinations as to suitability for renting.
    5.  To choose a user name and password for your account.  You understand that it is your responsibility to choose a login and password and to maintain the confidentiality of your password.  If you share your password with anyone it may jeopardize the security of your account.  You agree to notify KTenantReports.com promptly if you become aware that your password or account has been used without your consent.  To do so, please contact us at info@KtenantReports.com;
    6. Not to use the Website if you are a person who is barred from receiving KTenantReports.com’ services through the Website under the laws of the U.S. or any other country;
    7. That KTenantReports.com may temporarily or permanently discontinue providing the Website at any time and that as a result you may be prevented from accessing the Website, your account, or information stored in your account;
    8. To be solely responsible for all activities that occur under your account as well as accept all legal and financial ramifications for said activities and information provided by you; and
    9. That any hardware and software required to use the Website is your responsibility; and in the event that the Website sends messages to your mobile device, that you are solely responsible for any rates and fees charged by your mobile carrier.  You also agree to update your mobile device account information within 48 hours of any deactivation of a mobile device so that a person who acquires your old number will not receive information intended for you or incur charges.

 

  1. Prohibited Conduct

You agree not to use the Website to:  
Harass, stalk, bully, or advocate harassing, stalking or bullying, another person;

    1. Post or transmit content or information that is offensive, pornographic, hateful, threatening, defamatory or that creates a risk to anyone’s privacy or safety;
    2. Solicit personal information from anyone under 18 years of age;
    3. Upload or transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information or viruses, worms or other malicious code;
    4. Violate a law or infringe anyone’s rights, including copyrights, trademarks, patents and trade secrets, privacy or publicity rights;
    5. Forge, manipulate, alter or affect or attempt to forge, manipulate, alter or affect the Website, the Materials, any feature or program of the Website or the Materials;
    6. Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any service provided on or through the Website;
    7. Impose an unreasonable or disproportionately large load on the infrastructure of the Website or KTenantReports.com’ systems or networks, or any systems or networks connected to the Website;
    8. Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
    9. Create a database by downloading and storing the Materials or any part thereof or any information provided through or on the Website; and
    10. Violate the Terms or encourage or assist anyone to violate the Terms.

You agree not to do any of the following without KTenantReports.com’s written permission:

    1. Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Materials (defined in Section H below) or any part thereof in any medium;
    2. Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Materials on the Website, in whole or in part;
    3. Mirror, frame or use framing techniques to enclose the Website, the Materials or any part thereof;
    4. Access or attempt to access the Website or collect or index information provided to the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or similar means or equivalent manual processes;
    5. Solicit, trace or otherwise collect any information from users or visitors of the Website;
    6. Reverse engineer, decompile or otherwise extract source code provided on or through the Website; and
    7. Use the Website for commercial activities.
  1. Fair Credit Reporting Act Compliance.

You understand that you have obligations under federal and state law if you review and/or take action based on information received from KTenantReports.com.  For example, if you decline to rent to an applicant based in part or in whole on information provided by KTenantReports.com, you must satisfy all requirements in Section 615 of the Fair Credit Reporting Act, and applicable state laws, including: (1) informing the applicant of the adverse action, (2) providing the applicant with the name, address, and telephone number of KTenantReports.com, (3) informing the applicant that KTenantReports.com did not make the rental decision; (4) giving the applicant notice of their right to obtain a free copy of the full report from KTenantReports.com, and (5) informing the applicant of his right to dispute the accuracy or completeness of the information with KTenantReports.com.

  1. Privacy

KTenantReports.com agrees to treat your private information in accordance with the terms of our then-current privacy policy, which is incorporated herein for all purposes.  You agree to KTenantReports.com’ use of your personal information in accordance with the privacy policy.

Disclaimers

You expressly agree that you use the Website at your own risk.  Neither KTenantReports.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, sponsors, or licensors or the like (collectively, “Providers”) warrant that the Website will be uninterrupted or error-free, the results that may be obtained from the use of the Website, or the accuracy, completeness, reliability, security or currency of the Materials (defined in Section H below).  The Website and the Materials may contain errors, omission, inaccuracies, or outdated information.  Further, KTenantReports.com does not warrant the reliability of, guarantee or endorse any advice, opinion, statement, advertisement or other information displayed or distributed through the Website.  To the maximum extent permitted by law, KTenantReports.com disclaims any responsibility for any transaction between you and another user of the Website, including, but not limited to, tenants, other users and advertisers.

KTenantReports.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or the Materials, but has no obligation to make any corrections.  KTenantReports.com may make any other changes to the Website, the Materials and the products, programs, services or prices (if any) described in or offered through the Website at any time without notice.  KTenantReports.com is in no way shape or form legally responsible for any information reported.  Any and all content responsibilities lies on the company, individuals, employees reporting it and they accept full and total legal fees, court action and legal responsibility.

THE WEBSITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED BY KTENANTREPORTS.COM ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KTENANTREPORTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, PRODUCTS, INFORMATION, ADVERTISEMENTS OR THE MATERIALS PROVIDED ON OR THROUGH THE WEBSITE.  KTENANTREPORTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, ADVERTISEMENTS AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AND ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER OR OTHER REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND.  FURTHER RELEASING KTENANTREPORTS.COM FROM ANY LEGAL ACTIONS OF ANY KIND.

  1. Intellectual Property Ownership and Licenses

You understand and agree that the Website and all content provided on the Website, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of KTenantReports.com, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed.  The Website is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and KTenantReports.com, or its licensors, owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of the Website.  All software used on the Website is the property of KTenantReports.com or its licensors and is protected by U.S. and international copyright laws.  All trademarks, service marks, names, and logos located on the Website are the property of KTenantReports.com or its licensors.  Your use of any mark, name or logo located on the Website without express permission of KTenantReports.com, or the trademark owner, is strictly prohibited.
KTenantReports.com grants you a limited, revocable, nonexclusive, non-transferable, personal license to access and display the Materials on the Website for use in connection with evaluating a potential tenant’s application to rent real estate that you own or manage, for the sole purpose of viewing the Materials and information provided on or through the Website, and subject to and conditioned on your continued compliance with the terms and conditions in the Terms.  This license is granted solely to allow you to use and enjoy the Website as permitted by the Terms.  You agree not to remove, alter or obscure any proprietary notices provided in or with the Materials.  All rights not expressly granted in the Terms are reserved.

  1. Your Representations and Warranties

By using the Website, you represent and warrant that:

    1. You are 18 years of age or older or an emancipated minor;
    2. You understand and agree that the Terms is a legally binding agreement and the equivalent of a signed, written contract;
    3. You will use the Website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of the Terms;
    4. Any content that you provide to the Website is original to you and does not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
    5. You will provide only true, accurate, complete and current information to the Website;
    6. You will not impersonate any person or entity; and
    7. You will not provide KTenantReports.com with information that is false or misleading, or otherwise deceive KTenantReports.com whether through action or omission.
    8. You will provide any requested documentation to KTenantReports.com to help resolve tenant dispute or claims.
    9. You will hold all written documentation and understand that any legal action pertaining to your information of any/all tenants reported on falls to your business.  Releasing KTenantReports.com and all affiliates of any and all legal responsibilities.

  

  1. KTenantReports’ Rights

KTenantReports.com reserves the following rights: 

    1. To terminate or suspend the account of anyone who violates the Terms;
    2. To change or alter the Website, the form and nature of the Website or any services provided through the Website, including changes to the payment terms for some or all uses of the Website, at any time;
    3. To review, modify, filter, delete and remove any and all content and information from the Website;
    4. To aggregate, share and use any data that you provide, enter or submit, or that others provide, enter or submit on your behalf, on or through the Website on the condition that such data is anonymous;
    5. To cooperate with any law enforcement, court or government investigation or order requesting or directing KTenantReports.com to disclose information or content or information that you provide or that is provided on your behalf, or if KTenantReports.com decides that such disclosure is in its or its customers best interests;
    6. To display advertising and promotions, which may be targeted to certain users or sections of the Website that may not be identified as paid advertisements or promotions; and
    7. To provide you with notices, including those regarding the Terms, by email, postings to your Website account or by other means.
    8. To obtain records or findings on any reporting you provide to help rectify any tenant disputes on reporting.

You agree that the foregoing are rights of, but not obligations of, KTenantReports.com and that KTenantReports.com may, but is not obligated to exercise any of these rights.

  1. Waiver of Liability

You agree that KTenantReports.com will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if KTenantReports.com has been advised of the possibility of such damages.  You agree to indemnify and hold harmless KTenantReports.com, its successors and assigns, officers, directors, employees, agents vendors, and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it.

  1. Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT KTENANTREPORTS.COM AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF INFORMATION, EMOTIONAL DAMAGE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS, ADVERTISEMENTS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (3) YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE AND/OR THE MATERIALS, (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (6) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (9) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE BASED UPON INFORMATION CONTAINED OR PROVIDED ON OR THROUGH THE WEBSITE, REGARDLESS OF WHETHER KTENANTREPORTS.COM OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND SERVICES PROVIDED THROUGH OR ON THE WEBSITE IS TO STOP USING THE WEBSITE OR SERVICES.

  1. Indemnification

You agree to indemnify, defend and hold harmless KTenantReports.com from and against any and all third party claims, damages, obligations and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your (a) use of the Website in violation of the Terms; (b) violation of any law or regulation; or (c) violation of any third party right, including intellectual property, proprietary and privacy rights.

  1. Governing Law

The Terms is made in English and is governed by the laws of the state of Idaho, without giving effect to its conflict of law provisions.  This is the case regardless of whether you reside or transact business with KTenantReports.com in Idaho or elsewhere.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boise, Idaho.  You agree that the Website is a passive site that does not give rise to specific or general personal jurisdiction over KTenantReports.com in any jurisdiction other than Idaho.

  1. Disputes

Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Idaho, except that, to the extent you have in any manner violated or threatened to violate KTenantReports.com’ or its licensor’s intellectual property rights, KTenantReports.com may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise.  If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this Section N will also be unenforceable.

  1. Limitations on Claims

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

  1. Termination

Without limiting its other remedies, KTenantReports.com may issue a warning, temporarily suspend, indefinitely suspend or terminate the Terms and your access to the Website and your account, if you fail to comply with any term or condition of the Terms.  KTenantReports.com may take such actions without providing you prior notice or a refund of any pre-paid fees (if applicable) and at its sole discretion.  Upon such violation, you agree to terminate access to the Website.  Upon termination, those provisions of the Terms that expressly or by their nature survive will continue in full force and effect.

  1. Hyperlink Disclaimers

As a convenience to you, KTenantReports.com may provide links to third party websites, advertisements, applications or content (collectively, “Linked Sites”).  If you go to Linked Sites, you will leave the Website and will be governed by the Linked Site’s terms of use.  If you decide to visit or use any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  We encourage you to read the terms of use and privacy policy for all Linked Sites that you elect to visit.
Linked Sites are not maintained, controlled or otherwise governed by KTenantReports.com.  KTenantReports.com does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site.  A link to a Linked Site does not imply that KTenantReports.com sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright of KTenantReports.com or any of its affiliates.  KTenantReports.com is neither responsible for nor will it be liable under any theory based upon any information, product and/or content found on any Linked Site or any site(s) linked to or from any Linked Site.  KTenantReports.com reserves the right to discontinue any Linked Site at any time without prior notice.

  1. Geographic Scope of Use

KTenantReports.com makes no representation that the Website or the Materials are appropriate or available for use at locations outside of the United States.  Access to the Website and the Materials from territories where they are illegal is prohibited.  You may not use the Website or export the Materials in violation of U.S. export laws and regulations.  If you access the Website from locations outside of the U.S., you are responsible for compliance with all local laws.

  1. Entire Agreement and Assignment

The Terms, together with all documents and policies referenced herein, constitutes the entire agreement between KTenantReports.com and you with respect the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and KTenantReports.com with respect to the Website, except for any separate written agreement between you and KTenantReports.com that by its terms is not superseded by the Terms.  If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Terms shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
You may not assign the Terms or any part of the Terms without the express written consent of KTenantReports.com.  You agree that KTenantReports.com may assign the Terms or any part of the Terms at any time and for any reason without your consent.

  1. Severability

In the event that any provision in or obligation under the Terms is held invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions in or obligations under the Terms will not in any way be affected or impaired thereby.

  1. Our Policy Concerning Children

The Website is not intended for use by children.  If you are under 13 years of age, you may use the Website only with the involvement and permission of a parent or guardian.

  1. Contact Information

If you have any questions regarding the Terms, then feel free to contact us at:
KTenantReports.com
PO Box 753, Boise, ID 83701 or info@KtenantReports.com
1-208-484-1670



 



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