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This End User License Agreement (EULA) is entered into by and between Landlord Systems, Inc., dba Tenant Rating And Credit System (TRACS) a Colorado Corporation headquartered at 346 South 9 th Street, Montrose, CO 81401 and the member landlord (Customer) electronically accepting the terms hereof and is effective upon Customer's receipt of a user name and password enabling access to the web site, (the effective date).
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Customer acknowledges that to make TRACS a viable tenant screening tool, it is necessary to build a complete and accurate database on past tenants. TRACS is not a blacklist and customer agrees to enter data on as many past tenants as possible and enter data on tenants within sixty days of the time they vacate the premises.
TRACS hereby grants to Customer, a nontransferable, nonexclusive license to access it's TRACS web site solely for the purpose of obtaining reports on individuals regarding their performance as residential tenants as reported by member landlords and of reporting the performance of individuals as residential tenants as a member landlord in the regular course of Customer's business. Customer understands and agrees that it's access to and use of TRACS reports through the web site is subject to restrictions imposed upon Customer by applicable local, state and federal laws. Customer agrees to comply with all such restrictions and such restrictions are incorporated herein by reference. Customer further acknowledges and warrants that: (a) it has received copies of, has read, understands and agrees to abide by the Fair Credit Reporting Act (FCRA), the Americans with Disabilities Act (ADA), the Gramm-Leach-Bliley Act of 1999(GLBA). (b) it accepts responsibility for processing and using the information from TRACS reports in accordance with the FCRA, the ADA, and the GLBA and other applicable local, state and federal laws that regulate the use of credit information; (c) compliance and keeping up to date with such requirements and laws is the responsibility of the Customer; and (d) it has a permissible purpose as defined in the FCRA and obtained a proper release and authorization from each tenant applicant to request information contained in TRACS reports. The parties hereto reserve the right at any time and without prior notice to limit Customer's access to the web site reports in order to perform repairs, make modifications, per industry or legal mandate or as a result of circumstances beyond the reasonable control of the parties and the suppliers.
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All questions or comments concerning the availability or delivery of TRACS reports should be directed to TRACS at TRACS@landlordsystems.com . Questions or comments regarding the information contained in the TRACS reports should be directed to the reporting landlord at the reporting landlord's e-mail address. Customer further agrees to provide TRACS e-mail address and/or toll free phone number
970-249-2507
to any tenant applicant rejected as a result of information contained in a TRACS report. In order to comply with the FCRA, Customer understands that customer must maintain a log on Consumer Credit Information secured by consumers, with transaction details, for a minimum two years. During an inquiry, the subject of the TRACS reports has the right to learn the name of the customer ordering the Credit Information and has the right to see the TRACS reports ordered by the customer if the tenant applicant is rejected by the customer.
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To permit authorized Customer personnel to process TRACS reports through the web site, TRACS shall assign username(s) and password(s) to Customer. Customer is responsible for payment for use of the services used under the username(s) assigned to it. If Customer learns or suspects that unauthorized use of its account is taking place, Customer shall notify TRACS immediately and TRACS will replace the password.
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TRACS reports accessed through the web site are for the sole and internal use of the Customer and may not be resold, sub-licensed or otherwise revised in any way or delivered to any third party. Customer that it will secure TRACS reports and other information on individuals for its use in approving prospective residential tenants as defined by the FCRA and that it will neither request nor use any such information for any other purpose.
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Customer agrees that it will obtain and retain on file appropriate release and/or authorization forms from any tenant applicant on whom a TRACS report is sought; that it will disclose to each such individual as and when required by law; and that TRACS report information will be sought on such individual; and that it will advise the individual when a tenant applicant is rejected based in whole or in part on the information contained in a TRACS report. Customer agrees that it will retain the releases and/or authorization forms (usually the rental application signed by the applicant) for six (6) months in all cases where an a tenant applicant is approved; and for two (2) years in any case where a tenant applicant is rejected; and that it will make available such authorizations/releases to the parties upon request. Customer further agrees to take all reasonable precautions to ensure that TRACS reports will be held in strict confidence, disclosed only to those of its employees whose duties reasonably relate to the legitimate business purpose for which the information was released and not disclosed to any other person in whole or in part unless required by valid subpoena or court order.
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Customer agrees to indemnify and hold harmless TRACS, its suppliers, their parents, affiliates and/or subsidiaries and their officers, directors, employees and shareholders from any and all damages, costs, expenses or penalties (including reasonable attorneys' fees) and any other liabilities imposed by local, state, or federal laws or regulations or claims by any third party which result from or arise out of any breach by Customer of any warranty or agreement contained herein or any misuse by Customer of any TRACS report information accesses through the web site.
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The current prices for services are posted on the web site. Customer agrees to pay for all transactions processed through the web site under Customer's account number, either via a valid and approved credit or debit card issued in Customer's name or via Automated Clearing House (ACH) and Customer agrees to provide all of the necessary information to effectuate prompt payment. Access privileges to the web site may be suspended without notice if payment cannot be processed and/or is not received in a timely manner. Customer will assume responsibility for and pay all applicable state, local, federal or other taxes (exclusive of taxes based on the parties' net income) which result from this agreement or the products and services provided hereunder. In the event that payment cannot be processed, Customer will be denied access to the web site and TRACS reports.
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Customer may terminate this agreement at any time by not paying the access fee. If Customer further agrees that TRACS may suspend or terminate access to the web site without notice in the event that Customer is suspected of violating the FCRA or otherwise breaching any material term of this agreement.
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Neither the parties nor the suppliers make any representations or warranties regarding the performance of the web site or the decisioning, models, advice, assistance or materials sullpied or provided hereunder. The TRACS report information accessed through the web site is supplied by various landlords. The TRACS report information is provided "as is" and neither TRACS nor the suppliers in any way warrant or assume any liability for the accuracy and/or completeness of any TRACS report accessed through the web site. Customer acknowledges that neither TRACS nor the suppliers warrant or guarantee the timeliness, currency, accuracy, adequacy, completeness, merchantability or fitness for a particular purpose of the web site, information contained in a TRACS report, or any other information, products or services provided hereunder and the parties specifically disclaim all such warranties.
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Customer acknowledges that every business decision involves the assumption of a risk and that TRACS does not and will not underwrite that risk in any manner whatsoever. In the event TRACS is found liable for any cost or damage suffered by Customer, liability is hereby limited to the fees paid by Customer for the particular TRACS report(s) in question. The remedies set forth in this paragraph and termination of this agreement are Customer's exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the TRACS report(s), products or services provided hereunder. In no event shall TRACS or any supplier be liable for any special, incidental, exemplary or consequential damages.
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Nothing in this agreement shall be construed to convey to Customer any right, title or ownership in the web site or in the intellectual property rights relating to the web site or the software or documentation relating to such. All rights, title and interest in such, whether or not in the nature of copyright, trade secret, trademark, service mark, trade name, patent or otherwise, vest solely with the proper parties.
Customer acknowledges that the parties consider the web site and the software and documentation relating to such to include confidential trade secrets, to include confidential information and to be proprietary to the proper parties. Customer agrees to hold all technical information relating to such as it may learn in trust and confidence, in the same manner that Customer holds its own confidential information of like kind.
Each party to this agreement agrees that all proprietary information disclosed to it by the other parties, including without limitation this agreement and any usage statistics shall not be disclosed to any outside party other than the applicable supplier, and shall be used only for the purpose of this agreement. Each party to this agreement agrees to treat all proprietary information of the other parties in the same manner in which it treats its own proprietary information, including prohibition of and sanction against the use of such by any outside party for direct or indirect gain and against any employee, agent or associate of a party to this agreement so revealing and/or using such information for direct or indirect gain.
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This agreement shall be governed by and construed in accordance with the sole and exclusive law, jurisdiction and venue of the state of Colorado and may not be assigned in whole or in part by Customer without the prior written consent of Landlord Systems, Inc., dba Tenant Rating And Credit System (TRACS). All notices required or permitted hereunder shall be in writing and shall be sent via regular U.S. mail return receipt requested, overnight carrier or hand delivery. Performance by the parties or the suppliers may be subject to interruption and delay due to causes beyond their reasonable control such as acts of God, government, weather, fire, power or telecommunications failure or inability to obtain supplies for which no liability shall be incurred. If any provision of this agreement is held to be illegal, invalid or unenforceable under the applicable laws of any jurisdiction to which this agreement is subject, all other provisions shall survive. Each party shall have, in addition to any other relief at law or in equity, the right to injunctive relief to redress any breach of this agreement by the other party. Customer may not hire any employee of (or contractor/consultant to) the parties engaged in fulfilling the terms of this agreement without the prior written consent of the proper parties. This agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties and Customer.
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By electronic signature hereto, Customer agrees, acknowledges and consents that the information contained in the TRACS reports will be for its exclusive use in normal course of business in approving or denying prospective residential tenants and that all TRACS reports and allied information will be held in strict confidence. Further, use of such information for unfair or deceptive practices is strictly prohibited and information on prospective tenants will only be secured by designated authorized representative(s) of Customer. Customer further agrees that information contained in any TRACS report will not be disclosed to the subject of the information; rather, any such subject(s) will be referred, upon need or legitimate inquiry, to Landlord systems, Inc., dba Tenant Rating And Credit System (TRACS) at the address and/or phone number provided on the TRACS report.
Customer further agrees, acknowledges and consents that it is not in business as a credit repair office, a skip tracer or private investigator, a member of the news media or journalist, a detective agency or a law firm (or legal practitioner). Customer agrees to on-site inspection at its premises prior to commencement of service hereunder, to include inquiry into and/or review of Customer's procedures and processes in acquiring information, security practices and other measures in place to ensure Customer compliance with the terms hereof. Further, Customer agrees to periodic audit of similar by the parties for reassurance thereafter.
Customer agrees, acknowledges and consents that it has thoroughly read, understood and agreed with this agreement and the terms contained herein as written on behalf of his/her organization or business and certifies and represents that he/she is authorized to accept on behalf of the Customer. Customer further agrees, acknowledges and consents that it has independently evaluated and weighed the risks and benefits of participating in this agreement and customer has agreed to all the terms of this agreement without reliance on any representation, guarantee or statement existing outside of this agreement. The terms set forth in this agreement constitute the entire understanding and agreement between TRACS and the Customer with regard to the subject matter contained herein and any previous or additional or different terms or conditions, verbal or set forth in any other document shall be of no effect. This agreement may be modified or waived only in writing, signed by all parties. Customer agrees, acknowledges and consents that its acceptance of this agreement transmitted electronically constitutes a valid mark and will be binding on Customer and has the same force and effect as a signed original. Customer must check all the "Customer acceptance" check boxes in this EULA to indicate acceptance of this agreement. After receipt, TRACS will send an e-mail to Customer, confirming acceptance and providing instructions about obtaining a username and password and further describing how to begin accessing TRACS reposts and entering information on Customer's tenants. |
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Information is subject to change without notice.
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is a trademark of Landlord Systems, Inc.