Welcome, and thanks for using hemlane.com, a product of Tenantopia, Inc. When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below. Note: You are entering into a legally binding agreement.
We are a software platform for property owners, licensed professionals, and tenants. We are not a property management firm and do not provide advice to landlords on property management licensed activities.
The mission of Hemlane is to serve as a software platform for property owners to more efficiently manage their leasing and management activities. To achieve our mission, we make services available through our website, by helping property owners, licensed professionals, and tenants interact, learn, and make deals.
Some promises you make to us in this Agreement:
You will follow the law and Hemlane’s rules.
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and related webpages:
You still own what you own, but you grant us a license to the content and/or information you provide us.
As between you and Hemlane, you own the content and information you provide Hemlane under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Hemlane a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Hemlane, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Hemlane, without any further consent, notice and/or compensation to you or to any third parties.
We will respect the choices you make about who gets to see your information and content.
Pursuant to this license, Hemlane may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings, and degree of connection with them.
You promise to only provide us information and content that you have the right to give us and you promise that your Hemlane profile will be truthful.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is your responsibility to keep your Hemlane profile information accurate and updated.
You are eligible to enter into this contract and you are at least “Minimum Age.” The information you provide is truthful.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Hemlane account, (3) are not a competitor of Hemlane or are not using the Services for reasons that are in competition with Hemlane; (4) will only maintain one Hemlane account at any given time; (5) will use your real name and only provide accurate information to Hemlane; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Hemlane or third party, including FHA, FCRA, FCRA intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
You will keep your password a secret. You will not share an account with anyone else. You will not copy or transfer any part of the Services.
The profile you create on Hemlane will become part of Hemlane and except for the content and information that you license to us is owned by Hemlane. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Hemlane account to another party; and (5) not charge anyone for access to any portion of Hemlane, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Hemlane account please email firstname.lastname@example.org with the subject line “Close Account.”
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Hemlane.
You will honor your payment obligations. Hemlane uses Stripe to execute online payment transactions. By using our Payments feature, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make automatic payments using the Service will remain in effect until cancelled.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to Hemlane storing your payment information. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Hemlane does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
There may be fees and taxes that are added to our prices. We don't guarantee refunds. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your account by emailing email@example.com. For more information on Hemlane’s refund policy please email firstname.lastname@example.org. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Hemlane’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Service. Additionally, if you require a printed invoice for your transaction with us, you may request one by contacting email@example.com.
By interacting with other members on our platform, you agree to pay the amount associated with the bill.
By providing us with your banking or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.
We never take custody of money you transfer to other members using the Service, and we’re not responsible for what recipients do with the payments you make. For example, we’re not responsible for your property owner returning your deposit. If a payor or payor’s bank initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred.
If you accept debit/credit cards as a form of payment, then a processing fee of 3% + $0.30 will be deducted from the amount paid to you.
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
You are okay with us providing you with important notices on our websites, mobile apps, or email. The contact information you provide must be accurate or you may not receive important notices.
For purposes of service messages and notices about the Services, Hemlane may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Hemlane to an email address associated with your account, even if we have other contact information. You also agree that Hemlane may communicate with you through your Hemlane account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Hemlane account or services associated with Hemlane. Please review your hemlane.com settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
Hemlane may offer the Services through applications built using Hemlane’s platform (“Hemlane Applications”). Examples of Hemlane Applications include its smart phone applications (e.g., Hemlane for Android and iOS - coming soon), and Hemlane’s “Share” buttons and other interactive plugins distributed on websites across the web. Hemlane Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a Hemlane Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Hemlane plugins that load in your browser may be communicated to us. Further, by importing any of your Hemlane data through the Hemlane Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Hemlane account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Hemlane through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
When you share information, others can see, copy and use that information.
Hemlane offers various listings, such as Hemlane Properties, where you can post your rental properties. Hemlane also enables sharing of information by allowing users to post resources, including introductions to real estate agents, landlords, and other content to their public profile and other Services. Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors and Hemlane cannot guarantee that other Members will or will not use the ideas and information that you share on Hemlane, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by you sharing it, do not post it to any Hemlane user-to-user shared communication. HEMLANE IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON HEMLANE.
You won’t break export laws.
Your use of Hemlane services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Hemlane, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Hemlane is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Hemlane shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Hemlane may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Hemlane rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Hemlane under any circumstances.
If you follow this agreement, we grant you a limited right to use Hemlane. You will only access and use Hemlane in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Hemlane authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Hemlane or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Hemlane contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Hemlane commercially unless expressly authorized by Hemlane) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Hemlane and all related items, including any and all copies made of the Hemlane websites.
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content.
For as long as Hemlane continues to offer the Services, Hemlane shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Hemlane as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Hemlane, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Hemlane or by direct communication to you unless otherwise noted.
We may not keep showing the content or information you provide to us.
Hemlane further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Hemlane to be contrary to this Agreement. For avoidance of doubt, Hemlane has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Hemlane may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
Your access of other Members’ and third parties’ content and information posted on the Services is at your own risk.
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
Third parties may offer their own products and services through Hemlane, and we are not responsible for these third-party activities.
We have the right to limit the connections and interactions on the Services.
You are solely responsible for your interactions with other Members. Hemlane may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Hemlane reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Hemlane determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
We are providing you notice about our intellectual property rights.
The Services include the copyrights and Intellectual property rights of Hemlane and except for the limited license granted to you in Section 3, Hemlane reserves all of its intellectual property rights in the Services. Hemlane, Hemlane (stylized) and “T” logos and other Hemlane trademarks, service marks, graphics, and logos used in connection with Hemlane are trademarks or registered trademarks of Hemlane or Hemlane Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with Hemlane may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HEMLANE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HEMLANE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE HEMLANE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HEMLANE PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HEMLANE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HEMLANE PLATFORM OR THIS AGREEMENT. ACCESS TO THE HEMLANE PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HEMLANE NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HEMLANE PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER HEMLANE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE HEMLANE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HEMLANE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE HEMLANE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HEMLANE PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HEMLANE PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE HEMLANE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE HEMLANE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HEMLANE PLATFORM. YOU ACCEPT THAT, AS A CORPORATION, HEMLANE HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HEMLANE'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HEMLANE'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HEMLANE.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
We are trying to limit any legal liability we may have to you.
YOU AGREE NOT TO HOLD HEMLANE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HEMLANE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HEMLANE OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HEMLANE OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HEMLANE PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HEMLANE AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HEMLANE PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HEMLANE OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HEMLANE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
HEMLANE AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HEMLANE PLATFORM. THE HEMLANE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HEMLANE PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, HEMLANE WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HEMLANE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HEMLANE IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HEMLANE AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
We can each end this Agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to Hemlane pursuant to Section 9.3. This notice will be effective upon Hemlane processing your notice. Hemlane may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Hemlane or the party paying for the services may terminate your access to any Premium Services. Termination of your Hemlane account includes disabling your access to Hemlane and may also bar you from any future use of Hemlane.
Hemlane may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Hemlane messaging services; creating multiple or false profiles; creating false property listings; using the Services commercially without Hemlane’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Hemlane, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Hemlane has adopted a policy of terminating accounts of Members who, in Hemlane’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Upon termination of your Hemlane account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Hemlane, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Hemlane agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Hemlane agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Hemlane shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.hemlane.com, or another Hemlane site or app. You may contact us via email at: firstname.lastname@example.org or courier at: Tenantopia Inc. ATTN: Legal Department One Commerce Center 1201 Orange St #600, Wilmington, DE 19899. Additionally, Hemlane accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Hemlane regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hemlane services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Hemlane Affiliate shall be deemed legally binding on any Hemlane Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Hemlane.
You waive your rights to try to stop Hemlane, but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Tenantopia Inc., that Tenantopia Inc. owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Tenantopia Inc. for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
As a condition to access Hemlane, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, Fair Housing Act Laws, Fair Credit Reporting Act, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by Hemlane concerning the Services;
Use the Services in a professional manner; and
Use your real name on your profile.
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, fraudulent, or objectionable content to Hemlane;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your financial information, credit information, and street address or other information that is confidential in nature;
Create a Member profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using Hemlane;
List a property with any language that goes against the FHA (see FHA for details on discrimination);
Collect a credit report for any reason other than for the purpose of leasing a property to a tenant (see FCRA for allowable reasons to pull a credit report);
Invite people you do not know to join the Hemlane network (coming soon);
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another's account or create a false identity on Hemlane;
List a property listing that is not available or for which you do not own or have express consent from the property owner to list the rental, or create false listings on Hemlane;
Upload, post, email, message, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, property listings or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Hemlane);
Includes information that you do not have the right to disclose or make available under any law, FHA, FCRA, or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Hemlane messages to send messages to people who don’t know and have no intent to rent from them, to them, or with them; (b) using Hemlane to connect to people who don’t know you for the purpose of sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Hemlane or any user of Hemlane;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Hemlane (excluding content posted by you) except as permitted in this Agreement, Hemlane’s developer terms and policies, or as expressly authorized by Hemlane;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from Hemlane to provide any service that is competitive, in Hemlane’s sole discretion, with Hemlane;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Hemlane unless you have entered into a written agreement with Hemlane (this includes, but is not limited to, representing yourself as an accredited Hemlane trainer if you have not been certified by Hemlane as such);
Adapt, modify or create derivative works based on Hemlane or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Hemlane’s developer program;
Rent, lease, loan, trade, sell/re-sell access to Hemlane or any information therein, or the equivalent, in whole or part;
Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Hemlane web page other than Hemlane’s home page) unless expressly authorized in writing by Hemlane or for the purpose of promoting your profile or property on Hemlane.
Remove any copyright, trademark or other proprietary rights notices contained in or on Hemlane, including those of both Hemlane and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on Hemlane;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Hemlane except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non-Members without their express consent;
Infringe or use Hemlane’s brand, logos or trademarks, including, without limitation, using the word “Hemlane” in any business name, email, or URL or including Hemlane’s trademarks and logos or as expressly permitted by Hemlane;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access Hemlane, add or download contacts, send or redirect messages, or perform other similar activities through Hemlane, unless explicitly permitted by Hemlane;
Access, via automated or manual means or processes, Hemlane for purposes of monitoring Hemlane’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Hemlane’s website;
Attempt to or actually access Hemlane by any means other than through the interfaces provided by Hemlane such as its mobile application or by navigating to https://www.hemlane.com using a web browser. This prohibition includes accessing or attempting to access Hemlane using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Hemlane;
Attempt to or actually override any security component included in or underlying Hemlane;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Hemlane’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Hemlane personnel, attempting to gain unauthorized access to Hemlane, or transmitting or activating computer viruses through or on Hemlane; and/or
Interfere or disrupt or game Hemlane or the Services, including, but not limited to, any servers or networks connected to Hemlane, or Hemlane's search algorithms.
If you think someone has stolen or misused your intellectual property on Hemlane, please check out our Copyright Policy.
We built Hemlane to help you navigate the property rental industry and help landlords, managers, and tenants be more successful. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Hemlane provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures can be found here: Hemlane Copyright Policy and Flagging for removal policy. Claims regarding Copyright Infringement. Claims regarding content (other than copyright).
The Fair Credit Reporting Act allows you, as the consumer, to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request. The credit report you are requesting from Tenantopia, Inc. is not intended to constitute the disclosure of TransUnion information required by the Fair Credit Reporting Act or similar state laws.
You are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed.
Fraud Alerts are available to any eligible consumers—free of charge—from a national consumer reporting agency.
TURSS provides access to SmartMove to allow you to authorize and agree to provide your credit and public record information ("Credit Information") to third parties through this platform. From time to time TURSS and or the owner of this platform may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of other products and services, or to the participation in future contests or surveys.
After agreeing to the terms of this Agreement, you will be requested to authenticate your identity (using information from public records and credit information related to the identifying information that you provide (e.g. Social Security Number, Date of Birth) ("Identifying Information")) and acknowledge that upon successful completion of identity verification, your Credit Information will be scored by TURSS and provided to third parties indicated on your request via this platform. You acknowledge and agree that TURSS and the platform provider is not responsible for any actions or decisions made by any third parties with whom you have agreed to share your Credit Information.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed through SmartMove and/or the Site are the property of TURSS or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, TURSS owns intellectual property rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TURSS or the owner of the Content.
SMARTMOVE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SMARTMOVE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SMARTMOVE OR THE SITE, PRODUCTS OR SERVICES OR THAT SMARTMOVE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SMARTMOVE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SMARTMOVE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT TURSS’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT.
TURSS reserves the right to publish or use any responses, questions or comments emailed to this address for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.
If you decide to register on the Site or use SmartMove, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TURSS promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Site.
By using the Site or purchasing products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. Our privacy statement can be reached at https://www.mysmartmove.com/privacy-policy.html
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
• You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted pcense or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
• You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a consumer report provided by such agency.
• You certify in writing that you are a recipient of pubpc welfare assistance.
• You certify in writing that you have reason to bepeve that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM THE SITE OR SMARTMOVE IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
This Agreement will take effect at the time you click "I Accept," and shall terminate (a) when either party gives notice of its intention to terminate to the other party hereto, to TURSS via the toll-free number set forth on the web site, or (b) if TURSS discontinues providing SmartMove or access to the Site.
TURSS may (i) change the terms of this Agreement or the feature of the Service, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use SmartMove and/or the Site after TURSS has notified you of a change in the Agreement you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.
We define children as individuals under the age of 18. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any products through this website.
You should send any notices or other communications regarding SmartMove or our Site to TransUnion Rental Screening Solutions, 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111. Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Illinois, USA, and applicable federal law, without regard to any conflict of law provisions. TURSS can provide credit reports only on individuals who have established credit in the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TURSS' provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Northern District of Illinois, USA.
You understand that by clicking on the "I Accept" button immediately following this notice, you are providing "written instructions" to TransUnion Rental Screening Solutions to obtain information from your personal credit profile from TransUnion and public records sources. You authorize TransUnion Rental Screening Solutions to obtain such information and to score such information and provide it to certain identified third parties who are requesting this information about you. Before you may use TransUnion SmartMove, we must obtain "written instructions" from you to give us permission to obtain your TransUnion credit history and public records report and share them with certain identified third parties.
Please confirm your authorization for TransUnion Rental Screening Solutions to obtain your credit profile from TransUnion and public records sources and to score such information and provide it to certain identified third parties who are requesting this information about you.
This is the service agreement to use TransUnion® SmartMove® (“Service Agreement”). Your acknowledgement and agreement to these terms, as well as the Terms and Conditions of the internet site you are accessing (“Site”), are required to access and/or use TransUnion SmartMove. You agree to be legally bound by these terms. This Service Agreement is made and entered into as by and between TransUnion Rental Screening Solutions, Inc. (“TURSS") and you/your company (“Subscriber”, “You” or “Property Owner”). In consideration of the promises and mutual covenants hereinafter set forth, TURSS and Subscriber hereto agree as follows:
Scope of Agreement. This Agreement applies to any of those information services which Subscriber may desire to receive from TURSS and which TURSS offers to Subscriber via this Site. Such information services shall herein be collectively referred to as "Services" and all information derived therefrom shall be collectively referred to as "Services Information." Subscriber enters in this Agreement on behalf of itself and its affiliates under common ownership and control, all of which are referred to collectively as Subscriber.
Subscriber's business. Subscriber certifies that it is utilizing the Services solely for assisting with making a residential or storage leasing decision.
1.1 Consumer Report Information. TURSS makes certain consumer report information services from consumer reporting databases, including but not limited to consumer credit reports and criminal record reports (“Consumer Report Information”) available to its customers who have a permissible purpose for receiving such information in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) including, without limitation, all amendments thereto ("FCRA"). For the purposes of this Agreement, the term “adverse action” shall have the same meaning as that term is defined in the FCRA.
1.2 FCRA Penalties. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
1.3 Subscriber Certifications. Subscriber certifies that it shall request Consumer Report Information pursuant to the written authorization of the consumer who is the subject of the Consumer Report Information. Subscriber certifies that each such written authorization will expressly authorize Subscriber to obtain the Consumer Report Information, and will contain at a minimum the subject’s name, address, social security number (where available) and signature. Subscriber shall use such Consumer Report Information solely for Subscriber’s exclusive one-time use and pursuant to the consumer’s written authorization use such information solely for assisting with making a residential or storage leasing decision, and for no other purpose, subject however, to the additional restrictions set forth herein. Moreover, if requested by TURSS, Subscriber agrees to, and shall, individually certify the permissible purpose for each Consumer Report Information it requests. Such individual certification shall be made by Subscriber pursuant to instructions provided from time to time to Subscriber by TURSS. Nothing in this certification, or elsewhere in this Agreement, is intended to allow Subscriber to purchase Consumer Report Information for the purpose of selling or giving the report, or information contained in or derived from it, to the subject of the report, or to any other third party, and Subscriber expressly agrees to refrain from such conduct.
1.4 Recommendations. Using Applicant and/or Tenant information provided to TURSS by Subscriber ("Applicant/Tenant Information"), TURSS will obtain consumer reports relating to each Applicant and/or Tenant and TURSS will evaluate the consumer reports ("Applicant/Tenant Reviews"). Based on the results of the Applicant/Tenant Reviews, TURSS will provide to Subscriber a Recommendation with respect to the Applicant and/or Tenant, based on the initial thresholds established by TURSS. Such thresholds, delivery specifications and decision criteria, and any changes thereto, shall be supplied or confirmed by Subscriber in writing. As part of the Recommendation service, TURSS shall also provide to Subscriber a sample letter containing information as to why the Applicant and/or Tenant was or was not approved. It is Subscriber’s obligation, however, to ensure compliance with any legal obligations when providing any information to an Applicant and/or Tenant.
1.4.2 All Rental Decisions to be made by Subscriber. Subscriber acknowledges and agrees that TURSS provides only Recommendations as to actions concerning an Applicant or a Tenant, and further acknowledges and agrees that all decisions of whether or not to rent property to a particular Applicant or Tenant, as well as the length of and terms of any such rental, will be made by Subscriber. TURSS shall have no liability to Subscriber or to any Applicant, Tenant or other person or entity for any rental, or the failure to rent, to any Applicant or Tenant, or the terms of any such rental, regardless of whether or not Subscriber's decision was based on Recommendations, Consumer Report Information, public records, or other information provided to Subscriber by TURSS.
1.6 Compliance with Laws. Subscriber shall be responsible for compliance with all applicable federal (including, but not limited to the FCRA) and state laws, rules, regulations and judicial actions, as now or as may become effective, to which it is subject.
1.6.1 Subscriber certifies it shall comply with all requirements related to the public record information (“Public Record Information”) and other applicable data use restrictions (“Data Source Requirements”) described at rentalscreening.transunion.com/datasourcerequirements, which may be altered by TURSS from time to time, and certifies that any distribution of the Public Record Information or a Consumer Report shall comply with and contain the state-specific requirements described at rentalscreening.transunion.com/datasourcerequirements, which may be altered by TURSS from time to time.
2.1 Fraud Prevention Services. TURSS offers several fraud prevention services that evaluate inquiry input elements against other input elements and/or against proprietary databases, to identify potential discrepancies and/or inaccuracies. Fraud prevention service messages may be delivered with Consumer Report Information as a convenience, but are not part of a consumer’s file nor are they intended to be consumer reports. In the event Subscriber obtains any fraud prevention services from TURSS in conjunction with Consumer Report Information or as a standalone service, Subscriber shall not use the fraud prevention services, in whole or in part, as a factor in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment, nor for any other purposes under the FCRA. Moreover, Subscriber shall not take any adverse action, which is based in whole or in part on the fraud prevention services, against any consumer. As a result of information obtained from the fraud prevention services, it is understood that Subscriber may choose to obtain additional information from one or more additional independent sources. Any action or decision as to any individual which is taken or made by Subscriber based solely on such additional information obtained from such additional independent source(s) shall not be deemed prohibited by this paragraph.
2.2 Scores. Subscriber may request, in writing, that TURSS provide Subscriber certain scores (e.g. scores received from credit reporting agencies (“Bureau Score”), SmartMove, Score, CreditRetrieverSM Score), in connection with the delivery of a consumer report obtained hereunder, collectively referred to herein as “Scores” for Subscriber’s exclusive use. TURSS agrees to perform such processing as reasonably practicable. Subscriber shall use Scores only in accordance with its permissible purpose under the FCRA and may store Scores solely for Subscriber’s own use in furtherance of Subscriber’s original purpose for obtaining the Scores. Subscriber shall not use the Scores for model development or model calibration and shall not reverse engineer the Scores.
2.2.1 Adverse Action Factors. Subscriber recognizes that factors other than the Scores may be considered in making a decision as to a consumer. Such other factors include, but are not limited to, the credit report, the individual account history, application information, and economic factors. TURSS may provide score reason codes to Subscriber, which are designed to indicate the principal factors that contributed to the Bureau Score, and may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act ("ECOA") and its implementing Regulation (“Reg. B”). The Bureau Score itself, when accompanied by the corresponding reason codes, may also be disclosed to the consumer who is the subject of the Bureau Score. However, the Bureau Score itself may not be used as the reason for adverse action under Reg. B.
2.2.2 Confidentiality of Scores. The CreditRetrieverSM Score and the SmartMove Score are proprietary to TURSS and the BureauScore is proprietary to the credit reporting agency supplying the Bureau Score and, accordingly, without appropriate prior written consent, neither the CreditRetrieverSM Score, the SmartMove Score, or the Bureau Score may be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any Person except: (a) as expressly permitted herein; (b) to those employees of Subscriber with a need to know and in the course of their employment; (c) to those third party processing agents of Subscriber who have executed an agreement that limits the use of the Scores by the third party only to the use permitted to Subscriber and contains the prohibitions set forth herein regarding model development, model calibration and reverse engineering; (d) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (e) as required by law. Subscriber shall not, nor permit any third party to, publicly disseminate any results of the validations or other reports derived from the Scores without prior written consent.
2.2.3 Score Performance. Certain Scores are implemented with standard minimum exclusion criteria. TURSS shall not be liable to Subscriber for any claim, injury or damage suffered directly or indirectly by Subscriber as a result of any Subscriber requested changes to the exclusion criteria which result in normally excluded records being scored by such Scores. TURSS warrants that the scoring algorithms used in the computation of the scoring services, provided under this Agreement, ("Models") are empirically derived from credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the purpose of the Scores when applied to the population for which they were developed, and that no scoring algorithm used by a Score uses a "prohibited basis" as that term is defined in ECOA and Reg. B promulgated thereunder. The Bureau Score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.
2.3 Third Party Scores and Other Third Party Services. TURSS has the capability to offer scores derived from models built jointly with third parties, and other services provided by third parties, which are subject to additional warranties offered or terms imposed by such third parties. If desired by Subscriber, such third party scores and services shall be made available pursuant to separate agreement, which shall be appended as a schedule to this Agreement.
2.4 Subscriber Forms. TURSS may offer the ability to electronically maintain and make available to Subscriber, at Subscriber’s request and direction, Subscriber’s forms including, but not limited to, lease forms, lease addenda and consumer correspondence. Subscriber acknowledges and agrees that it is Subscriber’s obligation to ensure the accuracy and completeness of the forms and to ensure its compliance with all applicable laws related to the use of such forms. TURSS makes no representations or warranties as to the content or use of such forms.
2.5 Subscriber Access. Subscriber agrees that TURSS may store data provided to Subscriber hereunder on behalf of Subscriber to be used by Subscriber solely for audit purposes and for no other purpose. All data stored on behalf of Subscriber by TURSS shall be owned by Subscriber and may not be modified in any manner.
3.1 Confidentiality. Subscriber shall hold all Services Information in confidence and shall not disclose the Services to any third party, except as required by law (i.e., an order of a court or data request from an administrative or governmental agency with competent jurisdiction) to be disclosed; provided however, that Subscriber shall provide TURSS ten (10) days prior written notice before the disclosure of such information pursuant to this Paragraph 5.1. However, this restriction shall not prohibit Subscriber from disclosing to the subject of the Consumer Report Information, who is the subject of an adverse action, the content of the Consumer Report Information as it relates to any such adverse action.
3.2 Web Site Access. TURSS will provide Subscriber with access to TURSS's web site (the "TURSS Site") so that Subscriber may, by accessing the TURSS Site, (i) initiate Applicant Reviews and Tenant Reviews and (ii) obtain or review TURSS's Recommendations to Subscriber. TURSS will assign one or more passwords and identification numbers ("Program Codes") to Subscriber for use in accessing the TURSS Site. Subscriber represents and warrants that it will use its best reasonable efforts to ensure that: (1) only authorized Subscriber employees have access to the TURSS Site through Workstations; (2) TURSS Services obtained by Subscriber via the TURSS Site are not accessible by unauthorized parties via Subscriber's connection to the Internet or otherwise; (3) all Passwords are kept confidential and secure by such authorized Subscriber employees (e.g., Subscriber shall ensure that Passwords are not stored on any Workstation nor other storage and retrieval system and/or media and that Internet browser caching functionality is not used to store Passwords; (4) each User ID and Password is used solely by the authorized Subscriber employee to whom such User ID and Password was issued; and (5) all documentation and other materials provided by TURSS to Subscriber under this Agreement are held in confidence by Subscriber (and accessible only to those Subscriber employees who Subscriber has authorized to use the TURSS Site). Subscriber shall immediately notify TURSS if a Subscriber user with access to Program Codes no longer works for Subscriber and shall be fully responsible for any use of the TURSS site by users accessing the site through the Program Codes assigned to the Subscriber. In the event of any compromise of security involving User Ids or Passwords, Subscriber shall immediately notify TURSS.
3.3 Safeguards. Each party shall implement, and shall take measures to maintain, reasonable and appropriate administrative, technical, and physical security safeguards ("Safeguards”) to (a) insure the security and confidentiality of non-public personal information; (b) protect against anticipated threats or hazards to the security or integrity of non-public personal information; and (c) protect against unauthorized access or use of non-public personal information that could result in substantial harm or inconvenience to any consumer. When a consumer’s first name or first initial and last name in combination with a social security number, driver’s license or Identification Card Number, or account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account (“Personal Information”), is delivered to Subscriber unencrypted, Subscriber shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information and to protect the Personal Information from unauthorized access, destruction, use, modification, or disclosure. Subscriber shall notify TURSS in writing as soon as practicable but in no event later than forty-eight hours after which Subscriber becomes aware of any potential and/or actual misappropriation of, and/or any unauthorized disclosures of, any information provided to Subscriber by TURSS, including, but not limited to theft, loss or interception of Consumer Report Information, unauthorized use of TURSS subscriber codes and passwords, unauthorized entry to the facilities where TURSS data may have been accessible, or unauthorized release of or access to TURSS data by an employee or Agent of Subscriber. Subscriber shall fully cooperate with TURSS in any communications to consumers regarding the data incident and mitigating, to the extent practicable, any damages due to such misappropriation and/or unauthorized disclosure. Such cooperation shall include, but not necessarily be limited to, allowing TURSS to participate in the investigation of the cause and extent of such misappropriation and/or unauthorized disclosure. Such cooperation shall not relieve Subscriber of any liability it may have as a result of such a misappropriation and/or unauthorized disclosure. Moreover, without TURSS’s prior consent, Subscriber shall make no public notification, including but not limited to press releases or consumer notifications, of the potential or actual occurrence of such misappropriation and/or unauthorized disclosure of any such information provided to Subscriber.
3.4 Authorized Requests. Subscriber shall use the Services: (a) for its certified permissible purpose above to assist in making a residential or storage leasing decision; (b) solely for Subscriber’s exclusive one-time use; and (c) subject to the terms and conditions of this Agreement. Subscriber shall not request, obtain or use Services for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with Subscriber’s own data, or otherwise in any service which is derived from the Services. Services shall be requested by, and disclosed by Subscriber to only Subscriber’s designated and authorized employees having a need to know and only to the extent necessary to enable Subscriber to use the Services in accordance with this Agreement. Subscriber shall ensure that such Subscriber designated and authorized employees shall not attempt to obtain any Services on themselves, associates, or any other person except in the exercise of their official duties.
3.5 Third Party Intermediaries. In the event Subscriber will utilize a third party intermediary (e.g., Internet service provider or other network provider) for the purpose of receiving Services, Subscriber shall first enter into an agreement with such third party under which such third party acts solely as a network conduit for the delivery of the Services to Subscriber and which prohibits such third party from using, or otherwise accessing, the Services for any other purpose. Subscriber shall be solely liable for any actions or omissions of such third parties which result in a breach of this Agreement.
3.6 Rights to Services. Subscriber shall not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble Services or any confidential or proprietary criteria developed or used by TURSS relating to the Services provided under this Agreement. Except as explicitly set forth in this Agreement, the entire right, title and interest in and to the Services shall at all times vest exclusively in TURSS. TURSS reserves all rights not explicitly granted to Subscriber under this Agreement.
3.6.1 Notwithstanding anything to the contrary in the Agreement, TURSS hereby grants a limited, non-exclusive, non-transferable license to the Public Record Information, and the Services derived from the Public Record Information, from TURSS and that the material content of the Public Record Information and the Consumer Reports delivered by TURSS may not be altered, edited, or otherwise changed without the prior written consent from TURSS.
3.7 Fees and Payments. Though Subscriber has the option to request that the applicant/prospective tenant pay for the Services, the Subscriber is ultimately responsible to TURSS for the full payment of the Services. The fees associated with the Services are as stated on this website and are incorporated by reference. Upon delivery of the Services, Subscriber will be responsible for immediate payment, and outstanding amounts will be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less. If collection efforts are required, Subscriber shall pay all costs of collection, including reasonable attorney’s fees. Any periodic and/or minimum Subscriber fees under this Agreement are non-refundable, in whole or in part, in the event of a termination of this Agreement. TURSS reserves the right to change the fees and charges from time to time, with such changes referenced on this website.
3.7.1 In addition, in the event that TURSS’s cost of rendering Services increases as a result of federal, state or local laws, ordinances or other regulatory, administrative or governmental acts, then TURSS may implement a surcharge subject to the following: (a) any surcharge will be applicable generally to TURSS’s customers; and (b) any surcharge will be applied only to services pertaining to consumers in the geographic area so affected. A legislative surcharge is imposed on certain types of reports pertaining to consumers residing in the United States, and an additional surcharge is imposed on certain reports pertaining to only Colorado residents.
3.8 Term, Termination and Survival. The term of this Agreement shall commence upon the agreeing to the terms of this Agreement and shall remain in effect until terminated by any party hereto for any reason whatsoever.
3.8.1 With the exception of TURSS's obligation to provide Services under this Agreement, all provisions of this Agreement shall survive any such termination of this Agreement including, but not limited to, all restrictions on Subscriber's use of Services Information. Moreover, any such termination shall not relieve Subscriber of any fees or other payments due to TURSS through the date of any such termination nor affect any rights, duties or obligations of either party that accrue prior to the effective date of any such termination.
3.9 Limited Warranty. TURSS represents and warrants that the Services will be provided in a professional and workmanlike manner consistent with industry standards. TURSS DOES NOT WARRANT THE SERVICES TO BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS. THE WARRANTY SET FORTH IN THIS SECTION 5.10 IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT MIGHT BE IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.10 Limitation of Liability. TURSS’S SOLE LIABILITY, AND SUBSCRIBER’S SOLE REMEDY, FOR VIOLATIONS OF THIS AGREEMENT BY TURSS OR FOR BREACH OF TURSS’S OBLIGATIONS SHALL BE THE CORRECTION OF ANY DEFECTIVE SERVICE OR THE REFUND OF FEES PAID FOR SAME.
3.10.1 IN NO EVENT SHALL TURSS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOOD WILL AND LOST PROFITS OR REVENUE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE, EVEN IF TURSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
3.10.2 ADDITIONALLY, TURSS SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT BROUGHT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.
3.10.3 Notwithstanding anything to the contrary in the Agreement, use of Public Record Information, and the Services derived from the Public Record Information, from TURSS shall be subject to the following: THE PUBLIC RECORD INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURSS AND ITS DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PUBLIC RECORD INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, TURSS AND ITS DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PUBLIC RECORD INFORMATION AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE PUBLIC RECORD INFORMATION. Subscriber shall indemnify, defend, and hold harmless TURSS and its data providers, from and against any and all liabilities, damages, losses, claims, costs, fees, and expenses (including but not limited to reasonable attorney and expert witness fees and expenses) arising out of or related to Subscriber’s use of the Public Record Information obtained from TURSS. Subscriber acknowledges and agrees that TURSS’s data providers are a third party beneficiary of the provisions of this section, with right of enforcement.
3.11 Assignment and Subcontracting. Neither party may assign or otherwise transfer this Agreement, in whole or in part without the prior written consent of the other. Notwithstanding the foregoing, TURSS may assign or transfer this Agreement to a wholly-owned subsidiary or in the event of a purchase of substantially all of TURSS’s assets or in the event of a corporate form reorganization (e.g., LLC to C- Corporation). Moreover, TURSS shall have the unrestricted right to subcontract the Services to be provided to Subscriber by TURSS under this Agreement; provided however, that such subcontracting shall not relieve TURSS of its obligations under this Agreement. The limited warranty and limitation of liability provisions set forth in this Agreement shall also apply for the benefit of TURSS’s licensors, subcontractors and agents.
3.12 No Waiver. No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.
3.13 Independent Contractors. This Agreement is not intended to create or evidence any employer-employee arrangement, agency, partnership, joint venture, or similar relationship.
3.14 Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement.
3.15 Force Majeure. TURSS shall not be liable for any delay in performance or failure to perform under this Agreement if such delay or failure us caused by conditions beyond TURSS’ reasonable control.
3.16 Audit Rights. During the term of this Agreement and for a period of five (5) years thereafter, TURSS may audit Subscriber’s policies, procedures and records which pertain to this Agreement, to ensure compliance with this Agreement, upon reasonable notice and during normal business hours.
3.17 Governing Law. This Agreement shall be construed and governed by the laws of the State of Illinois, without reference to the choice of law principles thereof.
3.18 Notices. Subscriber acknowledges and agrees that any notice provided by TURSS to any electronic mail address provided by Subscriber shall suffice for proper notice under this Agreement. Additionally, all of Subscriber’s communications or notices required or permitted by this Agreement shall be sufficiently given for all purposes hereunder if given in writing and delivered to TURSS (i) personally, (ii) by United States first class mail, (iii) by reputable overnight delivery service, (iv) by electronic mail, or (v) by facsimile. All notices delivered in accordance with this Section for TURSS shall be sent to the appropriate address or number, as set forth below:
TURSS: TransUnion Rental Screening Solutions
6430 S. Fiddler’s Green Circle, Suite 500,
Greenwood Village, CO 80111
3.19 Trademarks. Both Subscriber and TURSS shall submit to the other party for written approval, prior to use, distribution, or disclosure, any material including, but not limited to, all advertising, promotion, or publicity in which any trade name, trademark, service mark, and/or logo (hereinafter collectively referred to as the “Marks") of the other party are used (the "Materials"). Both parties shall have the right to require, at each party's respective discretion and as communicated in writing, the correction or deletion of any misleading, false, or objectionable material from any Materials. Neither party shall remove any of the other party’s Marks from any information materials or reports provided to the other party and shall comply with the other party’s instructions with respect to the use of any such Marks. Moreover, when using the other party’s Marks pursuant to this Agreement, a party shall take all reasonable measures required to protect the other party’s rights in such Marks, including, but not limited to, the inclusion of a prominent legend identifying such Marks as the property of the other party. In using each other’s Marks pursuant to this Agreement, each party acknowledges and agrees that (i) the other party’s Marks are and shall remain the sole properties of the other party, (ii) nothing in this Agreement shall confer in a party any right of ownership in the other party’s Marks, and (iii) neither party shall contest the validity of the other party’s Marks. Notwithstanding anything in this Agreement to the contrary, without the prior written approval of Subscriber, TURSS shall have the right to disclose to third parties Subscriber’s marks in consumer credit reports containing Subscriber’s account information.
3.20 By signing this Agreement, Subscriber acknowledges receipt of a copy of the Federal Trade Commission’s “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA" and a copy of the Federal Trade Commission's "Notices to Furnishers of Information: Obligations of Furnishers Under the FCRA".
3.21 The individual executing this Agreement has direct knowledge of all facts certified and the authority to both execute this Agreement on behalf of Subscriber and bind Subscriber to the terms of this Agreement.
3.22 ID Manager Service: In connection with the Services, Subscriber desires to obtain TransUnion’s ID Manager Service pursuant to the following additional terms and conditions:
3.22.1 With respect to request for ID Manager Service, Subscriber hereby certifies that its use of the ID Manager Service will be requested, obtained and used for one or more of the following permitted uses as described in, and as may be interpreted from time to time, by competent legislative, regulatory or judicial authority, as being encompassed by, Section (6802) (e) of the Gramm-Leach-Bliley Act (GLB), Title V, Subtitle A, Financial Privacy (15 U.S.C. § 6801-6809) and the United States Federal Trade Commission rules promulgated thereunder.
• To protect against or prevent actual fraud, unauthorized transactions, claims or other liability; or
• To comply with Federal, State or local laws, rules and other applicable legal requirements.
3.22.2 Subscriber further represents that:
(a) Subscriber shall not request, obtain or use such ID Manager Service for any other purpose including, but not limited to, in whole or in part, as a factor in establishing an individual’s creditworthiness or eligbility for (i) credit or insurance, or (ii) employment, nor for any other purpose under the FCRA. Moreover, Subscriber shall not take any adverse action, which is based in whole or in part on the ID Manager Service, against any consumer.
(b) Subscriber shall comply with all other applicable federal, state and local laws, statutes, rules and regulations including, but not limited to, the Drivers Privacy Protection Act.
3.22.3 To the extent that the ID Manager Service requested by Subscriber utilize, in whole or in part, Consumer Reports as defined in the FCRA, Subscriber certifies that it will request and use each such request ID Manager Service solely for one of the permissible purposes certified below:
• In connection with a credit transaction involving the individual on whom the information is to be furnished and involving the extension of credit to the individual.
• Pursuant to the written authorization of the individual who is subject of the individual ID Manager Service request.
• In connection with a business transaction initiated by the individual.
3.22.4 Subscriber expressly acknowledges and agrees that where the ID Manager Service to be provided to Subscriber under this Agreement utilizes Consumer Reports TURSS expresses no opinion regarding a Consumer’s creditworthiness in rendering such ID Manager Service. Moreover, in the event Subscriber’s requested ID Manager Service utilize, in whole or in part, Consumer Reports, without limiting Subscriber’s obligations set forth elsewhere in this Agreement, Subscriber shall comply with any and all adverse action notice requirements of the FCRA.
THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ALL EXHIBITS AND ATTACHMENTS HERETO, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN TURSS AND SUBSCRIBER AND SUPERSEDES ALL PREVIOUS AGREEMENTS AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, SOLELY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE ALTERED, AMENDED, OR MODIFIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.
All users of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.
The Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations . State law may impose additional requirements. The text of the FCRA is set forth in full at the Consumer Financial Protection Bureau’s (“CFPB”) website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the Bureau’s website. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (“CRA”), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
I. Obligations of All Users of Consumer Reports
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:
• As ordered by a court or federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer’s account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Section 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(i)
• To review a consumer’s account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
• To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state or local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5). In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (“CRA”) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions” include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
• A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file from the CRA if the consumer makes a request within sixty (60) days.
• A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
2. Adverse Actions Based on Information Obtained from Third Parties Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within sixty (60) days of notification. The user must provide the disclosure within a reasonable period of time following the consumer's written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure set forth in I.C.1 above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer's alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer's file. When this occurs, users must comply with regulations specifying the procedures to be followed. Federal regulations are available at www.consumerfinance.gov/learnmore.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. Federal regulations have been issued that cover disposal.
II. Creditors Must Make Additional Disclosures
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the Consumer Financial Protection Bureau. Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) (”Notice to the Home Loan Applicant”).
III. Obligations Of Users When Consumer Reports Are Obtained For Employment Purposes
A. Employment Other Than in the Trucking Industry
If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer’s rights will be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of the consumer’s rights. (The user should receive this summary from the CRA.). A Section 615(a) adverse action notice should be sent after the adverse action is taken. An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company.
IV. Obligations When Investigative Consumer Reports Are Used
Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subject of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation.)
• The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure below.
• Upon written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed, or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.
V. Special Procedures for Employee Investigations
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self- regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.
VI. Obligations Of Users Of Medical Information
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes - or in connection with a credit transaction (except as provided in federal regulations) - the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order).
VII. Obligations Of Users Of “Prescreened” Lists
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Section 603(l), 604(c), 604(e), and 615(d). This practice is known as “prescreening” and typically involves obtaining from a CRA a list of consumers who meet certain pre-established criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a three year period beginning on the date on which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
• Information contained in a consumer’s CRA file was used in connection with the transaction.
• The consumer received the offer because he or she satisfied the criteria for creditworthiness or insurability used to screen for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report. This statement must include the address and the toll-free telephone number of the appropriate notification system.
In addition, once the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54.
VIII. Obligations of Resellers
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain:
1) the identity of all end-users;
2) certifications from all users of each purposes for which reports will be used; and
3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports.
IX. Liability For Violations Of The FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.
The CFPB’s website, www.consumerfinance.gov/learnmore , has more information about the FCRA, including publications for businesses and the full text of the FCRA. Citations for the FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681cA
Section 605B 15 U.S.C. 1681cB
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y
NOTICE TO FURNISHERS OF INFORMATION:
OBLIGATIONS OF FURNISHERS UNDER THE FCRA
All furnishers of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.
NOTICE TO FURNISHERS OF INFORMATION:
OBLIGATIONS OF FURNISHERS UNDER THE FCRA
The federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies (“CRAs”). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is available at the website of the Consumer Financial Protection Bureau (“CFPB”): www.consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.
Section 623 imposes the following duties upon furnishers:
The FCRA requires furnishers to comply with federal regulations dealing with the accuracy of information provided to CRAs by furnishers. Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore. Section 623(e).
General Prohibition on Reporting Inaccurate Information
The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Section 623(a)(1)(A) and (a)(1)(C).
Duty to Correct and Update Information
If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2).
Duties After Notice of Dispute from Consumer
If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623(a)(1)(B).
If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3).
Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Under these regulations, furnishers must complete an investigation within 30 days (or 45 days, if the consumer later provides relevant additional information) unless the dispute is frivolous or irrelevant or comes from a "credit repair organization." Section 623(a)(8). Federal regulations are available at www.consumerfinance.gov. Section 623(a)(8).
Duties After Notice of Dispute from Consumer Reporting Agency
If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:
• Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Section 623(b)(1)(A) and (b)(1)(B).
• Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section 623(b)(1)(C) and (b)(1)(D).
• Complete the above steps within thirty (30) days from the date the CRA receives the dispute (or 45 days, if the consumer later provides relevant additional information to the CRA). Section 623(b)(2).
• Promptly modify or delete the information, or block its reporting. Section 623(b)(1)(E).
Duty to Report Voluntary Closing of Credit Accounts:
If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623(a)(4).
Duty to Report Dates of Delinquencies:
If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer’s file. Section 623(a)(5)
Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).
Duties of Financial Institutions When Reporting Negative Information
Financial institutions that furnish information to "nationwide" consumer reporting agencies, as defined in Section 603(p), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The CFPB has prescribed model disclosures, 12 CFR Part 222, App.B.
Duties When Furnishing Medical Information
A furnisher whose primary business is providing medical services, products, or devices (and such furnisher's agents or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623(a)(9). This notice will enable CRAs comply with their duties under Section 604(g) when reporting medical information.
Duties When ID Theft Occurs
All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate information. Section 623(a)(2). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615(f).
The CFPB’s website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S. C § 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681c-1
Section 605B 15 U.S.C. 1681c-2
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y
When you create an account with us, you provide us with information (including your name, email address, and password) that we use to offer you a personalized, relevant experience on Hemlane.
You can add professional details – such as your job title, education, rental history, and financial information — to your profile. Hemlane has the right to verify the accuracy of this information.
After you create an account, you may choose to provide additional information on your Hemlane profile, such as your professional experience, educational background, financial information, rental history, and any listings you may have. Hemlane may validate the accuracy of this data. For example, Hemlane may contact past landlords to confirm the landlord owns the listed address and rented to you for the specific dates you entered. Your connections and past landlords may provide recommendations and endorsements of you.
In the future, we plan to collect information when you sync non-Hemlane content – such as your email address book, mobile device contacts, social media, or calendar – with your account. We will use this information to improve your experience and allow you and your network to be better connected. You can remove your address book and any other synced information whenever you'd like.
You may use the Hemlane contacts importer (or other similar mechanisms provided by Hemlane) to upload individual contacts or your entire address book into Hemlane. Hemlane stores this information and uses it to help you manage and leverage your contacts. We also use this information to enhance your Hemlane experience by helping you to grow your network by: identifying your contacts already on Hemlane, providing a template to send invitations to your contacts that have not registered with Hemlane, and suggesting people you may know but who may not be in your Hemlane contacts. Hemlane may also use this information to show you and other Members that you share the same uploaded contacts who may or may not be Members. Please note that when you send an invitation to connect to another individual (a “connection”), that person may have access to your email address or, for SMS invitations, mobile number because it is displayed in the invitation. Hemlane will also remind you of pending invitations. Your Hemlane connections will also have access to your email address.
Hemlane makes other tools available to sync information with Hemlane, and may also develop additional features that allow Members to use their Hemlane account in conjunction with other third-party services. For example, Hemlane’s mobile applications may allow you to sync your device’s calendar, email and/or contacts apps with Hemlane to show you the Hemlane profiles of meeting attendees, email correspondents and/or your contacts.
Another example are software tools that allow you to see Hemlane and other public social media information about the people you email or meet with and leverage Hemlane to help you gain insights from and grow your network. If you grant these products (mobile applications or other Hemlane services that sync external email and calendar services) permission to access your email and calendar accounts, they will access and may store some of your email header and calendar history information in order to match it to Hemlane and other public social media profiles. Hemlane’s products that sync with external email services may also temporarily cache message content for performance reasons, in a way that is unreadable by Hemlane and its service providers.
When you contact our Help Center, we collect information to respond to your questions and better serve you.
We collect information when you visit Hemlane, use our mobile applications, and interact with advertising on Hemlane.
We collect information when you use (whether as a Member or a Visitor) the Hemlane website. For example, we collect information when you view or click on ads, import your address book, join and participate in groups, participate in polls, install a Hemlane mobile application, and share articles on Hemlane. If you are logged in on hemlane.com or another Service or a Hemlane cookie on your device identifies you, your usage information and the log data described in Section 1.9 of this policy, such as your IP address, will be associated with your account. Even if you’re not logged into a Service, we log information about devices used to access our Services, including IP address.
We may target ads to you on and off Hemlane, based on information you included in your profile and your use of Hemlane. If you do not want to receive Hemlane ads on third-party sites, you can opt out by sending an email to email@example.com with the subject line “Advertising Opt out.”
We may target ads to Members and Visitors both on and off Hemlane through a variety of ad networks and ad exchanges, using:
Advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms both on and off Hemlane;
Member-provided profile information and categories (for example, “Landlords in San Francisco”);
Information inferred from a Member’s profile (for example, using job titles to infer age, industry, seniority, and compensation bracket; or names to infer gender);
Your use of Hemlane, for example, your Hemlane search history or clicking on a Hemlane ad;
Information from advertising partners which we use to help deliver ads more relevant to you.
We do not share personally identifiable information with any third-party advertiser or ad network, although your public profile is visible to other Members and through public search depending on your settings.
Hemlane ads that are delivered on third-party sites contain the label “Ads by Hemlane”. You may opt out of (i) these ads served to you on third-party sites and/or (ii) us using information from advertising partners to target ads.
If you wish to not receive targeted ads from most third party companies, you may opt-out by, as applicable, sending an email to firstname.lastname@example.org with the subject line “Advertising Opt out”. Please note this does not opt you out of being served advertising. You will continue to receive generic ads or targeted ads by companies not listed with these opt-out tools.
We collect information from the devices and networks that you use to access Hemlane. This information helps us improve and secure our Services.
When you visit or leave Hemlane sites or apps (whether as a Member or Visitor) by clicking a hyperlink or when you view a plugin on a third-party site, we automatically receive the URL of the site from which you came or the one to which you are directed. Also, advertisers receive the URL of the page that you are on when you click an ad on Hemlane. We also receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing Hemlane using a mobile device), and the name of your ISP or your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information on our mobile applications. Most mobile devices allow you to prevent real time location data being sent to Hemlane, and of course Hemlane will honor your settings.
In the case of our Android apps, you will be provided notice of the types of data (e.g. location) that will be sent to us. If you choose to use our app after this notice, we process this data to enable registration or preview product features for you (e.g. jobs near you). If you choose not to become a Member, we will delete this information.
We are constantly innovating to improve our Services, which means we may create new ways to collect information on the Services.
Hemlane is a dynamic, innovative environment, which means we are always seeking to improve the services we offer you. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information.
We communicate with you using Hemlane messages, email, and other means available to us. We may send you messages relating to the availability of the Services, security, or other service-related issues. We also may send promotional messages to your Hemlane inbox. You can change your email settings at any time.
We communicate with you through email notices posted on the Hemlane websites or apps, messages to your Hemlane inbox, and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use Hemlane, new features, updates about other Members you are connected to and their actions, etc.; (2) service communications; these will cover service availability, security, and other issues about the functioning of Hemlane; (3) promotional communications; these include both email and messages delivered to your Hemlane inbox, and may contain promotional information directly or on behalf of our partners, including property listings and information for tenants looking for a rental. These messages will be sent to you based on your profile information and messaging preferences. Hemlane tracks the open rate of your emails and messages to provide your message acceptance score. You may change your email and contact preferences at any time by signing into your account and changing your email settings. You can also opt out of promotional emails and messages by sending a request to Hemlane. Please be aware that you cannot opt out of receiving service emails from Hemlane.
With certain communications you send on Hemlane, the recipient can see your name, email address, and some network information.
Many communications that you initiate through Hemlane (for example, sending your tenant profile to a non-Member) will list your name and primary email address in the header of the email. Hemlane emails you initiate may also provide the recipient with aggregate information about your network (for example, how many people are in your network, previous landlord information). Other communications that you initiate through the Services, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Once you have connected with an individual, regardless of who sent the invitation, your contact information will be shared with that individual and that individual’s profile information will be shared with you.
We use the information you provide on your profile to customize your experience on Hemlane.
We use information that you provide to us to customize your experience and the experiences of others on Hemlane. For example, when you sign in to your account, we may display the names of new Members who have recently joined your network or recent updates from your connections and landlords you follow, or new listings in your area. We also use aggregated information from your network and other users to show you content, such as news and presentations relevant to you, your interests, or your profession.
Any information you put on your public profile and any content you post on Hemlane may be seen by others. We don’t provide any of your non-public information (like your email address) to third parties without your consent, unless required by law, or as described in Sections 2.6 and 2.11 of this Policy. Other people may find your Hemlane public profile information through search engines (you can choose which parts of your public profile are accessible to public search engines in your settings), or use services such as Twitter in conjunction with your Hemlane account.
Hemlane offers a “public profile” feature that allows Members to publish portions of their Hemlane profile to the public Internet. This public profile will be indexed and displayed through public search engines when someone searches for your name. You may choose the parts of your profile that search engines index or completely opt out of this feature in your Hemlane account settings. However, third-party search engines may not automatically update their caches, which may contain old public profile information. Unless you delete them, your profiles on hemlane.com and our corresponding app are always viewable on the respective Services.
Hemlane supports middleware providers that offer archiving solutions to firms subject to financial services regulation, which, with your permission, facilitate the archiving of your communications and other Hemlane activity by a third party for compliance purposes. Content distributed through Hemlane’s sharing features and third-party integrations may result in displaying some of your personal information outside of Hemlane. Further, Hemlane allows third parties to look-up profile information (subject to your privacy settings) using your email address or first and last name information through its profile API (see Section 2.6. below).
We conduct our own surveys and polls and also help third parties do this type of research. Your participation in surveys or polls is up to you. You may also opt out of getting invitations to participate in surveys.
Polls and Surveys may be conducted by Hemlane, Members, or third parties. Some third parties may target advertisements to you on the results page based on your answers in the poll. Hemlane or third parties may follow up with you via email regarding your participation unless you have opted out of receiving messages. We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personal information to the third party fulfilling the incentive offer, which will be used only for the purpose of delivering incentives and verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive. Your consent to use any personally identifiable information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt out of participating in surveys by contacting email@example.com.
Hemlane helps you search for other tenants, landlords, property managers, and rental properties.
You can search for Members, rental opportunities, information about rentals, and community content from Hemlane. For example, you may find Members within your desired location, or Members who you may know from your rental network. You may also find rental opportunities and information about rentals. We may use personal information from Hemlane, including Member profiles and Rental Properties, to inform and refine our search service.
You are responsible for any information you post on Hemlane, and this content will be accessible to others.
You should be aware that any information you choose to disclose using Groups may be read, collected, and used by other Members in these forums, developers, and other third parties. Hemlane is not responsible for the information you choose to submit in these forums. Some content in Hemlane Groups may be public and searchable on the Internet if the group owner has not closed the group for public discussions. You can identify closed groups by the padlock icon next to the group name. You can remove your Hemlane Groups posts at any time. However, others may have copied and used the information that you shared.
If you provide any testimonials about our goods or services or place advertisements through the Hemlane Ads, we may post those testimonials and examples of advertisements you place in connection with our promotion of these services to third parties.
Testimonials and advertisements may include your name and other personal information that you have provided.
Rental properties and other entities can be pages on Hemlane.
Hemlane allows landlords to create pages for their properties. These pages are public, and any communications or information shared through them will be accessible by the entity that created them. If you apply to the rental property, you will be listed among its applicants, with your information viewable by the landlord. Hemlane may use aggregate information about applicants to provide data about its performance (for example, visits and updates).
We may disclose your personal information if compelled by law, subpoena, or other legal process, or if necessary to enforce our User Agreement.
It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, or if Hemlane has a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the User Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of Hemlane, our Members, personnel, or others. We attempt to notify Members about legal demands for their data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand. To find out more about how Hemlane engages with government requests for data see our Law Enforcement Data Request Guidelines.
We may employ third parties to help us with the Services.
We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to Hemlane not to disclose or use it for other purposes.
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You can change your Hemlane information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account.
You have a right to (1) access, modify, correct, or delete your personal information controlled by Hemlane regarding your profile, (2) change or remove your content, and (3) close your account. You can also contact us for any account information which is not on your profile or readily accessible to you. If you close your account(s), your information will generally be removed from the Service within 24 hours. We generally delete closed account information and will de-personalize any logs or other backup information within 30 days of account closure, except as noted below.
Please note: Information you have shared with others (for example, through email, network updates, or content sharing) or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile. In addition, you may not be able to access, correct, or eliminate any information about you that other Members copied or exported out of Hemlane, because this information may not be in our control. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement.
Please respect the terms of our User Agreement, our Policies, and your fellow Members.
As a Member, you have certain obligations to other Members. Some of these obligations are imposed by applicable law and regulations and others have become commonplace in communities of like-minded Members such as Hemlane:
You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Hemlane and its community of Members.
You must keep your username and password confidential and not share it with others.
You must comply with the Fair Housing Act when posting property listings.
Any violation of these guidelines or those detailed in our User Agreement or elsewhere may lead to the restriction, suspension, or termination of your account at the sole discretion of Hemlane.
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You have to meet Hemlane’s minimum age requirements to create an account.
As described in Section 2.3 of the User Agreement, persons must be of Minimum Age to use Hemlane.
We don’t share any of your personal information with third parties for direct marketing.
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, Hemlane currently does not share any personal information with third parties for their direct marketing purposes.
We take privacy and security seriously and have enabled HTTPS access to our site (turn on HTTPS), in addition to existing SSL access over mobile devices. Also, please know that the Internet is not a secure environment, so be careful and select strong passwords.
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on Hemlane is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Hemlane Services. We also offer secure https access to the the hemlane.com website. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to Hemlane. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Members are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.
What should I do if I find a fake profile or listing?
If you in good faith believe that content listed in the body of a member's profile or property listing is inaccurate or unlawful, then you may email us at firstname.lastname@example.org with the subject line “False Profile” or “False Listing.” In the body of the email please include a link to the profile or listing.
Once you've sent the email, a Hemlane representative will review upon receipt.
Important Note: Any assertions made by you in submitting this form are under penalty of perjury. We may provide the contact information included in claims about inaccurate or unlawful profile or listing information, including email address, to the member that posted the allegedly inaccurate content. You can also find a link to our Copyright Policy at the bottom of our homepage which details Hemlane's policies for handling these claims.
Hemlane respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Hemlane, Inc. provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, Hemlane may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that Hemlane has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Hemlane has implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, you may complete and submit a written communication which contains:
Please submit your notice by email to the below address:
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (San Mateo County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Hemlane via email to email@example.com.
For issues other than copyright infringement please simply email firstname.lastname@example.org with any content that you wish to flag and report as being in violation. Learn more:
Notice regarding Associated Press content on Hemlane: Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
What should I do if another member posts infringing content?
If you in good faith believe that content posted by a member on our website infringes your intellectual property rights (other than copyright -- in which case please see Hemlane's Copyright Policy) or is inaccurate or unlawful, you may contact us at email@example.com.
Important Note: Any assertions made by you when submitting this email are under penalty of perjury.
You can also find a link to our Copyright and Content Policies at the bottom of your homepage which details Hemlane's policies for handling these claims.
When making any property listing on Tenantopa, you must comply with section 3604(c) of the Federal Fair Housing Act. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories:
The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice.
HUD has issued guidance on advertising, including for roommates.
State and local laws often prohibit discrimination based on other factors (e.g. sexual orientation, age, marital status, or source of income).
You may report housing discrimination to HUD at 1-800-669-9777, or to a fair housing advocate near you.
If you encounter a housing posting on craigslist that you believe violates the Fair Housing laws, please flag the listing by emailing firstname.lastname@example.org with the subject line “Flag for Removal”.
In addition to penalties that may be applied by regulatory agencies, attempts to post discriminatory ads may be blocked and/or subjected to other remedial measures.
The "protected categories" protected under Fair Housing laws may differ depending on where you reside.
Federal law prohibits discrimination based on the following protected categories:
The following is a very brief summary of the Fair Housing laws that exist on the state level which protect more categories than federal laws. For a more in depth review of local Fair Housing laws, please consult the links to the actual laws or contact your local Fair Housing center. Please note that not all states have additional Fair Housing laws and that laws can change, so this page may not have the most up-to-date information.
Alaska - Civil rights includes the opportunity to obtain employment, credit and financing, public accommodations, housing accommodations, and other property without discrimination because of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin. (AK ST § 18.80.210)
Arkansas - Prohibits discrimination on the basis of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin. (AR ST § 16-123-201)
California - Prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or age (CA GOVT § 12955).
Connecticut - Prohibits discrimination on the basis of race, creed, color, national origin, ancestry, sex, marital status, age, lawful source of income or familial status (C.G.S. §46a-64c).
Delaware - Prohibits discrimination on the basis of race, color, national origin, religion, creed, sex, marital status, familial status, age or handicap (6 Del. C. 1953, § 4603).
District of Columbia - Prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual (DC ST § 2-1402.21).
Florida - Same protected categories as the federal law (Fla. Stat. §§ 760.20-760.60).
Georgia - Same protected categories as the federal law (O.C.G.A. §8-3-200, et. seq. (1996)).
Hawaii - Prohibits discrimination on the basis of race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection (HRS § 515-3).
Idaho - Same protected categories as the federal law (ID ST § 67-5909(7)).
Illinois - Prohibits discrimination on the basis of race, color, religion, sex, national origin, ancestry, age, familial status, marital status, physical or mental handicap, military status, sexual orientation, or unfavorable discharge from military service (775 ILCS 5).
Indiana - Same protected categories as the federal law (I.C. § 22-9.5).
Iowa - Prohibits discrimination on the basis of race, creed, religion, color, national origin, sex, sexual orientation, familial status, or gender identity. (I.C.A § 216).
Kansas - Same protected categories as the federal law (K.S.A. § 44-1017).
Kentucky - Same protected categories as the federal law (KY Rev. Stat. Ann. § 344.360, §§ 344.600-344.680).
Maine - Same protected categories as the federal law ( ME Rev. Stat. Title 5, Part 12, Ch. 337 §4582).
Maryland - Prohibits discrimination on the basis of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, or disability (MD. Code Ann. 49B §§19-39).
Massachusetts - Prohibits discrimination on the basis of race, religious creed, color, national origin, sex, sexual orientation, age, children, ancestry, marital status, veteran status, membership in the armed forces, blindness, hearing impairment (or because such a person possesses a trained dog guide as a blindness or hearing impairment), other disability, participation in a housing subsidy program (e.g.. Section 8), or against families with children under the age of six to avoid a landlord's obligations to de-lead under the Massachusetts Lead Paint Laws. (Mass. Gen. Law Chapter 151B).
Michigan - Prohibits discrimination on the basis of religion, race, color, national origin, age, sex, familial status, or marital status (MCL § 37.2502).
Minnesota - Prohibits discrimination on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status (M.S.A. § 363A.09).
Missouri - Same protected categories as the federal law (RSMo § 213.040).
Montana - Prohibits discrimination on the basis of race or color, national origin, religion, sex (gender), familial status, handicap, creed, marital status, or age (Mont. Code Anno., § 49-2-305).
Nebraska - Same protected categories as the federal law (Neb Rev St § 20-318).
Nevada - Same protected categories as the federal law (NRS § 118.100).
New Hampshire - Prohibits discrimination on the basis of age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin (NH RSA Section 354-A:10 ).
New Jersey - Prohibits discrimination on the basis of race, creed, color, national origin, nationality, ancestry, marital status, familial status, affectional or sexual orientation, sex, or mental and physical disability, including AIDS and HIV-related illness (P.L. 1945, c. 169 (C. 10:5-1 et seq.)).
New York - Prohibits discrimination on the basis of race, color, national origin, marital status, creed, sex, age, disability, familial status, sexual orientation, and military status. Discrimination on the basis of source of income is prohibited in NYC and other municipalities. (NY Human Rights Law).
North Carolina - Same protected categories as the federal law (N.C. Gen. Stat. § 41A).
North Dakota - Prohibits discrimination on the basis of race, color, religion, sex, disability, age, familial status, national origin, or status with respect to marriage or public assistance (ND Cent. Code, § 14-02.5).
Ohio - In addition to the categories protected under federal law, Ohio prohibits discrimination on the basis of ancestry and military status (OH Rev § 4112).
Oregon - Prohibits discrimination on the basis of race, color, sex, marital status, source of income, familial status, religion or national origin (OR ST § 659A.421).
Pennsylvania - Prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, handicap or disability, guide dogs, support animals, age (40 and above), pregnancy, familial status (families with children under age 18), use of a guide or support animal due to blindness, deafness or physical disability or because the user is a handler or trainer of such animals (PHRAct Section 5(h)).
Rhode Island - Prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, country of ancestral origin, disability, age, familial status, or regardless of the fact that a tenant or applicant, or a member of the household, is or has been, or is threatened with being, the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for protection from domestic abuse (RI Gen. Law § 34-37-2 ).
South Carolina - Same protected categories as the federal law (S.C. Code Ann. §§ 31-21-10, et. seq.).
South Dakota - Same protected categories as the federal law (SD ST § 20-13-20).
Tennessee - Same protected categories as the federal law (Tenn. Code Ann. §§ 4-21-601 – 4-21-607).
Vermont - Prohibits discrimination on the basis of race, sex, sexual orientation, age, marital status, religious creed, color, national origin or handicap of a person, or because a person intends to occupy a dwelling with one or more minor children, or because a person is a recipient of public assistance (9 V.S.A. § 4503).
Virginia - Prohibits discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status, or handicap (VA. Code Ann. §§ 36-96.1, et. seq. ).
Washington - Prohibits discrimination on the basis of sex, marital status, race, creed, color, national origin, families with children status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person (WA ST § 49.60.222).
West Virginia - Same protected categories as the federal law (W. Va. Code §§ 5-11A-1, et. seq.).
Wisconsin - Prohibits discrimination on the basis of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry (W.S.A § 106.50).
Please refer to the actual laws or your local Fair Housing center for more information of local laws.
Under federal Fair Housing law, the prohibition on discriminatory advertisements applies to all situations except the following:
The "protected categories" under state and local Fair Housing laws may differ depending on where you reside.
Federal law prohibits discrimination based on the following protected categories:
State and local laws often extend anti-discrimination protections to other categories, such as age, marital status, sexual orientation, or source of income. View the state information above for a brief summary of state Fair Housing laws in your state. Please note that not all states have additional Fair Housing laws.
"Familial status" means the presence of children under the age of 18.
Unless otherwise exempted, it is illegal to:
Under federal Fair Housing laws, "housing for older persons" is exempted from the prohibitions on "familial status" discrimination.
"Housing for older persons" is defined as either of the following:
This exemption applies only to familial status discrimination; discrimination against all other protected categories, including disability, is still prohibited in housing for older persons.
Federal law defines "handicap" as any "physical or mental impairment which substantially limits one or more of [a] person's major life activities, a record of having such an impairment, or being regarded as having such an impairment."
Further discussion of the definition of "handicap" can be found in the section 100.201 of Title 24 of the Code of Federal Regulations (24 C.F.R. 100.201). Your state laws may also have broader definitions of "handicap."
If you encounter a housing posting on craigslist that you believe violates the Fair Housing laws, please flag the posting as "prohibited".
If you are not sure if the posting violates the Fair Housing act, please contact HUD or your local Fair Housing center. If you have made contact with the poster and have been discriminated against based on one of the protected categories, you may file a claim with HUD or your local Fair Housing center as well.
In general, a posting is discriminatory if it expresses a limitation or preference based on one of the protected categories, which may vary depending upon where you reside, but which always include the seven (7) federal categories. State or local laws may protect other categories.
A posting is also discriminatory if it uses language that might be discouraging towards a certain protected category. For instance, saying that a particular apartment is "perfect for a single or couple" could be discouraging towards families with children, who do not fit within the stated groups. Please note that unintentionally discriminatory postings are still illegal.
Lastly, a posting is discriminatory if it uses language that might have a disparate, or disproportional, impact on a certain protected category. For instance, an advertisement for a 2 bedroom unit which states a preference for "2 persons only" might have a disparate impact on families with children because, though it does not explicitly state a preference based on familial status, it creates an overly restrictive occupancy limit which would affect families with children to a greater extent than other types of households. (For more information on reasonable occupancy limits, see HUD's guidance on occupancy standards.)
Although not an exhaustive list, these examples should give you some idea of what might constitute a discriminatory housing advertisement.
* as discussed above, the prohibitions on advertising a preference based upon sex do not apply to shared housing situations.