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Terms and Conditions
Terms RentPrep.com (hereinafter referred to as “The Site”) is a product of, and operated by, Fidelis Asset Management, LLC. The Site provides client access to tenant applicant screening services on a pay per order basis. 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 is provided “as is” and “where is” and Fidelis Asset Management, LLC makes no warranties, express or implied, as to the 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 always be totally complete or 100% accurate. I understand that Fidelis Asset Management, LLC makes no warranty or representation as to the fitness of a particular tenant for a particular apartment, and only serves to provide the user with information concerning potential tenants. • Payment: I agree that I have provided you with credit card or billing information, and that by submitting an order online at www.rentprep.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 if I am not a “Trusted Partner”. • Payment Not Dependent on Results Returned: I agree to pay for responses returned from my queries even if said responses include zero records. • Refund Policy: As our data is gathered from public records, we cannot guarantee that all information is complete and up to date. Each jurisdiction provides updated information at different intervals (monthly, quarterly, etc.) It is also important to understand other factors may affect what appears 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 being searched. • Indemnification: I agree to indemnify and hold harmless Fidelis Asset Management, LLC and its officers, directors and employees for any claim for damages resulting from information derived from searches. I agree that Fidelis Asset Management, LLC is not liable for any monetary damages resulting from information derived from searches on its website or included in screening services. Moreover, I agree to indemnify and hold harmless Fidelis Asset Managements, LLC from any claims or lawsuits which may arise from information derived from The Site. • Damages: I understand and agree that my use of The Site is entirely at my sole risk. Fidelis Asset Management, LLC 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 Fidelis Asset Management, LLC 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 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 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH. User/ Client is a Landlord and certifies it is obtaining screening information for the sole purpose as being encompassed by Section (6802)(e) of the Gramm-Leach-Bliley Act, Title V, Subtitle A, Financial Privacy (15 U.S.C. 6801-6809) ("GLB") and the United States Federal Trade Commission rule promulgated thereunder and no other purpose. User/Client certifies its purpose as: - Necessary to affect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with servicing or processing a financial product or service requested or authorized by the consumer. - With the consent or at the direction of the consumer - To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability FCRA Compliance: I hereby agree to fully comply with the provisions of the Fair Credit Reporting Act (15 USC 16810) and to only request consumer credit 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. • Compliance with California Consumer Privacy Act of 2018 (“CCPA”) and California Investigative Reporting Agencies Act (“CIRAA”): I hereby affirm that by using The Site, I have obtained full authority from the potential tenant in a manner complaint with the CCPA and CIRAA (if applicable). Should any claim or litigation arise under the CCPA or CIRAA, I hereby affirm that I will indemnify and hold harmless Fidelis Asset Management, LLC from any such claims or lawsuits. • Governing Law and Venue: These terms and any related contracts shall be governed by the laws of the State of New York. Any lawsuits brought as a result of these terms or any related contracts shall be venued in a court of competent jurisdiction in the County of Erie, State of New York.
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