E-Renter.com is operated by E-Renter USA and for the purposes of this agreement shall be known as "The Site." The Site provides access to applicant screening services on a fee basis. In order to access these services, users must agree to all of the following terms and conditions.
- No Warranties: I understand the information supplied by The Site's is provided "as is" "where is" and E-Renter USA makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing, or in electronic form, including but not limited to the accuracy, completeness, or timeliness of any information contained herein or provided by The Site. I understand that all records contained in and re-sold by The Site are compiled from public records obtained from state, local, and federal government offices and may not be 100% complete or accurate.
- Payment: I agree that I have provided you with credit card or billing information, and that by submitting an order online at www.e-renter.com I am authorizing charges to that credit card or to my account. I understand that charges are non-refundable and that consumer credit reports will not be made available to me until I have provided all required documents including the tenants signed consent.
- Payment Not Dependent on Results Returned: I agree to pay for responses returned from my queries of "Tenant Pre-Approval Credit Check" even if said responses included 'declined.' I agree to pay for responses returned from my queries of "Tenant Criminal Background Check" even it said responses include zero records.
- Refund Policy: Because our data comes from public records, we cannot guarantee that all information is completely up-to-date. Each jurisdiction provides updated information at different intervals (monthly, quarterly, etc.) It is also important to understand many things affect what shows in a criminal record search. For example: a) only convictions show in our search (not arrests), b) the criminal record may have been expunged or sealed, c) a criminal offense was under a different name or date of birth, d) errors made by the jurisdiction in recording or reporting information. It is also possible to get criminal record information that does not belong to the person we are searching for you.
- Indemnification: I agree to indemnity and hold harmless E-Renter USA And its officers, directors and employees for any claim for damages resulting from information derived from searches I performed on its web site. I agree that E-Renter USA is not liable for any monetary damages resulting form information derived from searches on its website.
- Damages: I understand and agree that my use of The Site is entirely at my sole risk. E-Renter USA will not be responsible to me or any third parties for any direct or indirect, consequential, special, or punitive damages or losses I may incur in connection with its system, my use thereof, or any of the data or other materials transmitted through or residing on its system, regardless of the type of claim or the nature of the cause of action, even if E-Renter USA has advised of the possibility of such damage or loss.
- FCRA Compliance: I hereby agree to comply with the provisions of the Fair Credit Reporting Act (15 USC 16810) and to only request consumer credit report information for the sole purpose of determining my prospective tenant's credit worthiness and identity. I agree that I will receive from the tenant their signed consent and I understand that I must keep it on file for a period of no shorter than 5 years. I shall hold in the strictest confidence all information received and will abide by the Access Security Requirements. I certify that I am not using this information for a bail bond company, credit repair company (including credit counseling and credit clinics), investigative company (including private investigators and detective agencies), attorney or paralegal firm, news agency or journalist, law enforcement personnel, dating service, asset location service; I have never been involved in credit fraud or other unethical business practices; and that the business operation for which this application is being made is one of renting real property (houses, apartments, or commercial) in which I do not occupy the unit. I further agree not to resell the information or transmit to any third parties.
- FCRA Guidelines: Federal Fair Credit Reporting Act (FCRA - 15 U>S>C> 1681 ET SEQ) - Although the FCRA primarily regulates the operations of consumer credit report agencies, it also affects you as the user of information. We suggest that you and your employees become familiar with the following sections in particular:
§604. Permissible Purposes of Reports
§615. Conditions of Disclosures to Consumers
§616. Requirements on Users of Consumer Reports
§617. Civil Liability for Willful Noncompliance
§619. Civil Liability for Negligent Noncompliance
§620. Obtaining Information Under False Pretenses
§623. Unauthorized Disclosures by Officer or Employee