Customer's Certification of Legal Compliance
The Customer certifies that:
- The Customer will access YARDI Resident Screening's consumer reporting services only in conjunction with signed rental applications for tenant screening purposes. The Customer will not access reports for personal, employment, credit repair, resale, or any other purposes.
- The Customer will not use any information provided by YARDI Resident Screening in violation of any applicable federal, state or local laws. The Customer accepts full responsibility for complying with all such laws and for using the information products it receives from YARDI Resident Screening in a legally acceptable fashion. The Customer further accepts full responsibility for any and all consequences of use and/or dissemination of those products.
- The Customer understands that it has obligations under federal and state law if it reviews and/or takes action based on information received from YARDI Resident Screening. For example, the Customer understands that if it declines to rent to an applicant based in part or in whole on information provided by YARDI Resident Screening, it must satisfy all requirements in Section 615 of the Fair Credit Reporting Act, and applicable state laws including: (1) providing the applicant with the name, address, and telephone number of YARDI Resident Screening, (2) informing the applicant that YARDI Resident Screening did not make the rental decision; (3) giving the individual a free copy of the full report from YARDI Resident Screening, and (4) informing the applicant of his right to dispute the accuracy or completeness of the information with YARDI Resident Screening.
- The Customer will have reasonable procedures to ensure the fair and equitable use of background information and to secure the confidentiality of private information. The Customer agrees to take precautionary measures to protect the security and dissemination of this information including, for example, utilizing passwords (combining letters and numbers) to restrict access, and establish proper procedures for the destruction of electronic and hard copy reports. The Customer agrees to access the service from a secure computer that is not in a public place.
- The Customer agrees that the Customer has defined criteria for accepting and rejecting rental applicants and that Customer has sole responsibility for all rental applicant selection and rejection decisions. The Customer agrees that YARDI Resident Screening makes no determinations as to suitability for renting.
- The Customer understands that YARDI Resident Screening obtains the information reported in its information products from various third party sources "AS IS", and therefore is providing the information to the Customer "AS IS". YARDI Resident Screening makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, that the information products will meet the Customer's needs, or will be provided on an uninterrupted basis; YARDI Resident Screening expressly disclaims any and all such representations and warranties.
- The Customer agrees that YARDI Resident Screening 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 YARDI Resident Screening has been advised of the possibility of such damages. The Customer agrees to indemnify and hold harmless YARDI Resident Screening, 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.
- The Customer agrees not to resell, sub-license, deliver, display or otherwise distribute to any third party any of the information products addressed herein, except as required by law.
- The Customer agrees that YARDI Resident Screening is authorized to charge the credit card that the Customer has identified during the order process for the purpose of compensating YARDI Resident Screening for any screening services purchased. The Customer agrees that YARDI Resident Screening need not seek any additional permission from the Customer before charging the Customer's credit for the aforementioned purposes. The Customer further certifies and agrees that the credit card identified by the Customer belongs to the Customer only and not to any tenant applicant or other party.
- The customer understands and agrees that it may only use YARDI Resident Screening for tenant screening services after receiving (1) a signed rental application and (2) consent from the applicant to conduct the screening. The Customer understands and agrees that YARDI Resident Screening may audit the Customer at any time to confirm that the Customer is meeting the aforementioned requirements. If YARDI Resident Screening determines that such requirements are not being met, YARDI Resident Screening reserves the right to terminate the Customer's account.
- Internet Customers also understand and agree that:
- The password for each user must be changed every 90 days. YARDI Resident Screening's ScreeningWorks service will automatically prompt the user to change the account password.
- User-id's, passwords, and promotion codes are not to be shared. This is a violation of the security protocols. If YARDI Resident Screening learns of unauthorized use, the account will be terminated.
- YARDI Resident Screening will be performing an identity verification screen on each ScreeningWorks customer in an effort to ensure that people are not using this site with a false identity.