Read our terms & conditions, meant to protect YOU!
This is a binding agreement. Please review this agreement every time you order a new report as the terms and conditions may change from time to time. If you do not accept the terms and conditions of this agreement, kindly do not use the site or services.
The terms “You”, “Your” and “Consumer” refers to the individual accessing the site and using the services.
- Services Provided – My Rental History Report (MRHR) shall supply Consumer personal background reports. The transactional services provided herein are non-refundable.
- Billing – Consumer agrees to pay MRHR via debit or credit card the package rate which is immediately billed per transaction at the time of request.
- Website Usage – In consideration of the fees hereunder MRHR grants Consumer a nontransferable, nonexclusive license (‘License’) to use the Website in conjunction with the Services for as long as this Agreement is in effect. The Website is provided ‘as is’ and ‘with all faults’. The Website can be used only in connection with the Services. Consumer shall not copy, reproduce, modify, sub-license or otherwise transfer the Website or any part thereof. Consumer shall take all reasonable precautions to safeguard the Website and prevent any disclosures thereof in violation of this Agreement and to prevent unauthorized access thereto. All right, title and interest in and to the Website and all parts and any copies thereof are and shall remain the sole and exclusive property of MRHR.
- Express Warranties: Warranties Limited:
- Express Warranties. MRHR warrants to Consumer that MRHR (I) has the right to provide the Services hereunder to Consumer, (II) has good title to any MRHR Equipment.
- Warranties Limited. EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 6 (a), (I) NEITHER MRHR NOR ANY OTHER THIRD PARTY PROVIDER OF INFORMATION OR DATA (‘INFORMATION PROVIDERS’) OR WEBSITE MRHRS MAKES ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY DATA PROVIDED OR OTHER INFORMATION FURNISHED HEREUNDER OR THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR ANY PURPOSES.; (II) MRHR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY, EITHER FOR ITSELF OR FOR ANY THIRD PARTY VENDORS OR MANUFACTURERS, AS TO ANY EQUIPMENT (INCLUDING ANY MRHR EQUIPMENT OR CONSUMER EQUIPMENT); (III) MRHR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT ANY WEBSITE WILL MEET CONSUMER’S REQUIREMENTS OR THAT OPERATION OF ANY WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED, AND MRHR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY, EITHER FOR ITSELF OR ANY OTHER THIRD PARTY PROVIDER OF MAINTENANCE, AS TO ANY MAINTENANCE. FURTHER, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN PARAGRAPH 6 (a), ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED WITH RESPECT TO THE SERVICE, THE EQUIPMENT (INCLUDING ANY MRHR EQUIPMENT AND CONSUMER EQUIPMENT), ANY WEBSITE AND ANY MAINTENANCE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. No employee, sales person, vendor or other agent or purported agent of MRHR is authorized to make any warranties, representations or guaranties to the contrary of the foregoing, and any such purported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of MRHR.
- Liabilities Limited:
- MRHR shall not be liable in any manner whatsoever for any loss or injury to Consumer resulting from the obtaining or furnishing of any data or information hereunder and shall not be deemed to have guaranteed the accuracy of such information, such information being based upon reports obtained from third party sources.
- Sole Remedies. Except as permitted by Paragraph 7(c), Consumer’s sole and exclusive remedies against MRHR, any Information Provider or any other third party provider of equipment, website or services for MRHR (I) with respect to the Service and any data and any other information and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to issuing corrected information as soon as reasonably practicable following MRHR’s receipt of written notice of such problem from Consumer in accordance with MRHR’s reporting procedures, (II) with respect to the Equipment, shall be limited to providing pass through of any manufactures warranties MRHR has for such Equipment, and (III) with respect to any Website, shall be limited to providing reasonable efforts to correct any interruptions, errors or other problems with the Website.
- Damages Limited. If MRHR fails to provide the remedies in Paragraph 7(b), or if MRHR otherwise fails to perform its duties and obligations under this Agreement, and Consumer can establish that as a direct result thereof Consumer has incurred any damages, liabilities, losses, fees, costs or expenses, then MRHR’s liability to Consumer for actual damages for any cause whatsoever, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed in the aggregate the amount initially paid by Consumer to MRHR for Services. FURTHER, IN NO EVENT SHALL MRHR, ANY INFORMATION PROVIDER OR ANY OTHER THIRD PARTY PROVIDER OF EQUIPMENT, WEBSITE OR SERVICES FOR MRHR BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE SERVICES, THE EQUIPMENT, ANY WEBSITE AND ANY MAINTENANCE PROVIDED OR PERFORMED OR TO BE PROVIDED OR PERFORMED UNDER THIS AGREEMENT OR OTHERWISE ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF MRHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Consumer Transactions. The parties acknowledge that this Agreement has been entered into as a consumer transaction and, further, that since any proof of actual damages to Consumer would be very difficult, imprecise and inaccurate, the foregoing remedies and limitations on damages constitute fair, reasonable and adequate remedies and limitations of any damages for any losses that my be incurred by Consumer.
- Indemnity; Survival:Consumer hereby indemnifies and agrees to defend and hold harmless MRHR, any Information Provider and any other third party provider of Equipment, Website or services for MRHR from and against any and all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with (I) use of or reliance on the Service, any Website or any other information or data supplied or to be supplied to Consumer under this Agreement, (II) any breach of or default under the terms or conditions of this Agreement by Consumer, (III) the use or possession of any Equipment by Consumer or any third parties, (IV) any removal of MRHR Equipment by MRHR as permitted by this Agreement, and (V) any negligence, gross negligence or willful misconduct by or on behalf of Consumer or its employees or agents
- Term/Renewal/Termination:
- Term. The term of this Agreement shall be for thirty (30) days from the date the report is first ordered. Each subsequent report will begin a new term based on the then current terms and conditions.
- Entire Understanding. This Agreement, which includes and incorporates the Privacy Policy herein, states the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, and other written or oral communications between the parties with respect to the subject matter of this Agreement. No modification of this Agreement, and no waiver of any breach of this Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of this Agreement. A determination that any provision of this Agreement is invalid or unenforceable shall not affect the other provisions of this Agreement.
- Governing Law. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA.
- Execution:No written signature is obtained in the purchase of Services. Consumer’s electronic signature is considered legally binding and payments are not refundable. The individuals signing electronically represent that they are duly authorized to do so by and on behalf of the party for whom they are signing.
Consumer Disclosures
- The Fair Credit Reporting Act allows me to obtain a disclosure from every credit reporting agency of the nature and substance of all information in my file at the time of the request. Full disclosure of information in your file at Experian must be obtained directly from Experian by calling 888-397-3742 or logging on to www.experian.com/consumer. The credit report you are requesting from My Rental History Report is not intended to constitute the disclosure of Experian information required by the Fair Credit Reporting Act or similar state laws.
- I am entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
- I have been denied credit, insurance or employment within the past sixty (60) days as a result of my credit report
- I certify in writing that I am unemployed and intend to apply for employment in the 60-day period beginning on the date on which I made the certification
- I am a recipient of public welfare assistance
- I have reason to believe that my file at the agency contains inaccurate information due to fraud
- Annually at www.annualcreditreport.com
Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
- The Fair Credit Reporting Act permits me to dispute inaccurate or incomplete information in my credit file. I understand that accurate information cannot be changed.
- I do not have to purchase my credit report or other information from My Rental History Report to dispute inaccurate or incomplete information in my Experian file or to receive a copy of my Experian consumer credit report.
- Experian’s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer’s credit report provided by My Rental History Report. The disclosure report must be obtained directly from Experian. Consumer residing in the States of Colorado, Massachusetts, Maryland, New Jersey and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.
- Fraud Alerts are available to any eligible consumers – free of charge – from a national consumer reporting agency.