You have requested to participate in the <OnTAP>℠ service (the “Service”) provided by National Innovative Software Solutions, LLC. (“ISS”). Your participation in the Service is subject to your acceptance of these terms and conditions. YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. As a member of , a consumer (“Report Subject”) may participate in the Service available through , to authorize ISS to provide the Credit, Criminal and Eviction Information to a user (“End User”) (collectively “Report Service”); and (b) access to a Report Subject to view that same Credit, Criminal and Eviction Information, comment as necessary, and forward to an End User, if so desired. Additional services may be included in the Service in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. Both Report Subject and End User, if any, agree to the applicable Terms and Conditions set forth herein.
These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all: (a) the Service; (b) interaction by any means between you and ISS regarding the Service; (c) your access to and use of the websites located at www.onlinetenantapp.com, app.onlinetenantapp.com and affiliate.onlinetenantapp.com (the “Service Websites”); (d) your access to and use of report resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the “Content”); and (e) the resolution of all claims and disputes between us through arbitration. YOU AND ISS UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 21 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ORDER OF, USE OF, AND ACCESS TO, THE SERVICE, SERVICE WEBSITES AND CONTENT AND RESOLUTION OF DISPUTES BETWEEN US ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICE, SERVICE WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
Upon executing this Agreement by clicking below to indicate your agreement and by ordering any Service, ISS will provide you with the ordered Service in accordance with these Terms and Conditions.
Terms and Conditions
- REGISTERING FOR THE SERVICE
<OnTAP>℠ is an online service in which once you are registered, an online account is created for you. To register for your account, you must provide us with a valid email address, and agree to be bound by these Terms and Conditions.Because the Service provides access to credit, criminal and eviction reports and information, you must provide a valid Social Security number, your current address, and successfully pass authentication of your identity when requested by ISS. You also must provide valid credit card information for any Service for which a fee is charged. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration form, authentication form or otherwise requested to do so by ISS. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if ISS has reasonable grounds to suspect that such information is untrue, inaccurate or not current, ISS, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that ISS will not be liable to you or any third party if ISS suspends or terminates your order of, use of, or access to any Service, Service Website or Content, or any portion thereof, for any reason.You agree not to share your Password with third parties. You agree to promptly notify ISS at email@example.com of any unauthorized use of your account and any loss, theft or disclosure of your Password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and the Service.Upon agreeing to the Terms and Conditions, some consumers who order the Report Service will receive an email with a link to the log-in page. Upon your registration with or request for a Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information, identifying information (e.g. name, address, social security number) that you provide and your responses to questions related to your credit report information.
- REPORT SERVICE
The Report Service allows you to establish connections with third parties and authorize or request that they authorize the sharing of Credit, Criminal and Eviction Information. This Service will enable you as a Report Subject to (a) view your Credit, Criminal and Eviction Information ordered by you as a Report Subject, and (b) authorize and view your Credit, Criminal and Eviction Information viewed by End Users; or will enable you as an End User to view Credit, Criminal and Eviction Information about a Report Subject for which you have been authorized as an End User, for a limited time.When instructed by Report Subject, Report Subject is authorizing ISS to provide Report Subject’s Credit, Criminal and Eviction Information to End Users with whom Report Subject has successfully connected for up to thirty days from the date of the Report Subject’s most recent order for Credit, Criminal and Eviction Information (“Request Time”). Each End User may access the Report Subject’s then current Credit, Criminal and Eviction Information and subsequently view a copy of the Report Subject’s Credit, Criminal and Eviction Information during the remaining Request Time associated with the applicable order for Credit, Criminal and Eviction Information unless the Report Subject terminates (deletes, cancels, removes or declines) an End User’s connection, access request or view capability. When an End User accesses the Report Subject’s Credit, Criminal and Eviction Information, a copy of the Report Subject’s Credit, Criminal and Eviction Information will be posted to the End User’s and Report Subject’s accounts, and an update will be made to the VantageScore® credit score. Report Subject acknowledges and agrees that ISS is not responsible for any actions or decisions made by any third parties with whom the Report Subject has agreed to share their Credit, Criminal and Eviction Information.
- REVIEW AND RECEIPT OF NOTICE TO USERS
By executing this Agreement, End User acknowledges that End User has read, understands and received the Using Consumer Reports: What Landlords Need to Know which is available here.
- FCRA CERTIFICATIONS
Report Subject understands and certifies that Report Subject is providing “written instructions” to ISS in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended (“FCRA”) to access and use Report Subject’s credit, criminal and eviction reports for (a) authenticating Report Subject’s identity, (b) providing Report Subject with a copy of Report Subject’s Credit, Criminal and Eviction Information, and (c) providing End Users with a copy of Report Subject’s Credit, Criminal and Eviction Information, upon Report Subject’s request or approval and for the duration of Report Subject’s use of the Service.When requesting Credit, Criminal and Eviction Information as an End User, End User will request and use the Credit, Criminal and Eviction Information strictly in accordance with the FCRA. End User agrees to and shall individually certify End User’s permissible purpose for access to Credit, Criminal and Eviction Information on a consumer when requested by ISS. End User acknowledges that End User’s use of the Credit, Criminal and Eviction Information will be limited to one of the following uses and no other purpose, and End User will not request or use the Credit, Criminal and Eviction Information for any other purpose including, without limitation, any purpose prohibited by law.
- Legitimate Business Need
- Renting / Leasing a Property
END USER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that the use and related permissible purpose that End User designates will be accurate. End User certifies that for each written instruction of a consumer who is the subject of the Credit, Criminal and Eviction Information, such written instruction will expressly authorize End User to obtain the Credit, Criminal and Eviction Information and will contain at a minimum the consumer’s name, address, and signature. End User agrees to a limited one-time use of each consumer’s Credit, Criminal and Eviction Information.
End User acknowledges and agrees that ISS, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User’s access to the Service may be suspended until such time as the End User’s membership review is complete and approved by ISS.
END USER ACKNOWLEDGES THAT 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.
- Legitimate Business Need
- POINT OF SALE CERTIFICATION
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to ISS that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
You acknowledge that the Credit, Criminal and Eviction Information and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Credit, Criminal and Eviction Information shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Credit, Criminal and Eviction Information, or information contained in or derived from it, to any third party unless otherwise required by law.
- COMPLIANCE WITH LAWS
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to ISS of data and your use of the Credit, Criminal and Eviction Information and Service provided under this Agreement.
There are no fees or other charges to create an account on the Service Websites.
Fees are $39.00 for each order Report Subject places for Report Subject’s Credit, Criminal and Eviction Information using the Report Service. Fees are subject to any applicable promotion for each Credit, Criminal and Eviction Information request. In certain jurisdictions sales or use tax at state and local rates may apply, in which case Report Subject may be charged the applicable taxes in addition to the fees for the Credit, Criminal and Eviction Information under the Report Service.Refunds will not be issued once we have successfully posted the Report Subject’s Credit, Criminal and Eviction Information under the Report Service to Report Subject’s account.
- MODIFICATION OR TERMINATION OF SERVICE
ISS may, at its discretion, modify or discontinue any Service, the Service Websites or Content, or any portion thereof, with or without notice. You agree that ISS will not be liable to you or any third party for any modification or discontinuance of any Service, the Service Websites or Content.
- UPDATED TERMS AND CONDITIONS
This Agreement may be updated from time to time. You should check the Service Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any Service, the Service Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
- TERMINATION OF AGREEMENT
This Agreement may be terminated without cause by ISS at any time upon notice by email to you. The email address for notice will be the then current email address in your account profile.
- NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of the Service Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Websites may be subject to prosecution.
- SECURITY MEASURES AND AUTHENTICATION
Because ISS uses security measures designed to protect your privacy and to safeguard your information, ISS may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, ISS cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
- PERSONAL INFORMATION
- REVIEW AND RECEIPT OF PRIVACY NOTICE
- ON-LINE REQUIREMENTS
You must have an email address and a Java-compatible browser such as Internet Explorer 7.0 or higher, Firefox 3.6 or higher, Safari 3 or higher, Chrome 3 or higher, or Opera 10.5 or higher to receive your Service. You are agreeing to receive all notifications via email at the email address on file with ISS. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
- FCRA DISPUTES OF CREDIT REPORT INFORMATION
Accurate adverse information on Report Subject’s Experian credit report cannot be changed. If Report Subject believes that the Report Subject’s Experian consumer credit report contains inaccurate or fraudulent information, it is Report Subject’s responsibility to contact Experian’s National Consumer Assistance Center to dispute information. Report Subject may request a consumer file disclosure at no charge within 60 days of ordering Report Subject’s Credit Information under the Report Service, by contacting Experian’s National Consumer Assistance Center at http://www.experian.com/rs/fi64.html. In any other situation, Report Subject may contact Experian’s National Consumer Assistance Center at http://www.experian.com/ or 888-397-3742 for assistance at any time, which may be subject to applicable fees.
The Report Service utilizes the VantageScore credit score. The VantageScore credit score may or may not be used by Report Subject’s lenders, and is not an endorsement or guarantee of Report Subject’s credit worthiness as seen by lenders.Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a lender. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company or used by Report Subject’s lender.Report Subject’s VantageScore credit score is calculated using Report Subject’s actual data from Report Subject’s credit file on the day that you request Report Subject’s report. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about Report Subject. How each lender weighs their chosen factors may vary, but the exact formula used to calculate Report Subject’s score is proprietary.Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore® credit score for each of Report Subject’s credit files.
You agree to request VantageScore credit scores only for your use alone for the purposes stated in these Terms and Conditions and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law.
VantageScore® is owned by VantageScore Solutions, LLC.
- NO WARRANTY BY ISS
REPORT SUBJECT ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO REPORT SUBJECT THROUGH THE REPORT SERVICE AND THE REPORT SUBJECT’S CREDIT, CRIMINAL AND EVICTION INFORMATION AND THE VANTAGE SCORE CREDIT SCORE, INCLUDING THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN REPORT SUBJECT’S CREDIT REPORT, MAY CHANGE OVER TIME AS REPORT SUBJECT’S REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ISS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM ISS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. ISS MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE.
- LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ISS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITES OR CONTENT, EVEN IF ISS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON ISS, THEN YOU AGREE THAT ISS’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM ISS’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
- CLAIMS BY BINDING ARBITRATION
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING ISS’S CUSTOMER SERVICE DEPARTMENT AT SUPPORT@ONLINETENANTAPP.COM REGARDING THE SERVICE, SERVICE WEBSITES OR CONTENT. IN THE UNLIKELY EVENT THAT ISS’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF ISS HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. WE ALSO AGREE THAT ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR, NOT A COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ISS WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ISS WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
- DATA AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that ISS has expended substantial time, effort and funds to create and deliver the Service and compile its various databases. All data in ISS’s databases and any other intellectual property that are part of the Service are and will continue to be ISS’s exclusive property. Nothing contained in this Agreement shall be deemed to convey to you or to any other party any ownership interest in or to intellectual property or data provided in connection with the Service.
You acknowledge and agree that the name ISS®, the ISS Logo, SM, onlinetenantapp.com and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of ISS (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. ISS’s Marks may not be used in connection with any product or service that is not ISS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ISS. VantageScore® is owned by VantageScore Solutions, LLC. All other trademarks, names, or logos not owned by ISS that appear on this Service Websites are the property of their respective owners.
All Content included on this Service Websites, such as text, graphics, logos, button items, icons, images, data compilation, is the property of ISS or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of ISS or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
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.
ISS will have the right to audit your use of the Service to assure compliance with the terms of this Agreement. You will be responsible for assuring full cooperation with ISS in connection with such audits and will provide ISS access to such properties and records as ISS may reasonably require for such purpose.
You acknowledge and agree that ISS may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds.
- GOVERNING LAW
The interpretation and enforcement of the arbitration provision contained in Section 21 of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the Commonwealth of Kentucky without giving effect to any principles of conflicts of law.
This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect.
- FORCE MAJEURE
ISS shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
- ENTIRE AGREEMENT
This Agreement and any related transactions entered into electronically will be deemed to be “in writing” and to have been “signed” by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be “in writing.”)
You acknowledge that you have a printer or other device to print or save this Agreement. After clicking “I Agree,” you may contact us at firstname.lastname@example.org to obtain a paper copy of this Agreement or any other electronic record provided as part of the Service. The provision of certain records in paper form may be subject to additional fees. In addition, you may withdraw your consent to conduct transactions electronically by contacting us at email@example.com, though doing so will act as a notice of termination of this Agreement. You are required to update your contact information when it changes by contacting us at firstname.lastname@example.org.