Terms of Service

RentWorks, LLC (also referred to as “RentWorks,” “we,” “us,” or “our”) provides the content and services available on the website of rent.works (the “Site”). These Terms of Service (“Terms”) contain the terms and conditions that govern your access to and use of the services, including those available on and through the Site, including but not limited to: obtaining, delivering, and managing background reports and related documentation; obtaining status information regarding background reports; RentWorks's processes for generating background reports and resolving potential inaccuracies; requesting a copy of your consumer file; and/or any disputes relating to your background check (collectively, the “Services”). Your access to, review of, and/or use of the Services is conditioned on your acceptance of and compliance with these Terms.

PLEASE NOTE: SECTION 14 OF THIS AGREEMENT GOVERNS HOW DISAGREEMENTS AND CLAIMS BETWEEN YOU AND RENTWORKS CAN BE RESOLVED. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND RENTWORKS TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION.

You must be 16 years old or the age of majority in your jurisdiction in order to generate a background check and use the Services on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not use the Services on our Site. If you are under 13 years old, this Site is not directed to children under 13 years old, and you may not provide personal information to us, make a purchase on the Site, or register on the Site.

By checking the box below and accessing the Services, you agree to be bound by these Terms and our Privacy Policy, as may be updated from time to time, which is incorporated into these Terms by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITE.

We reserve the right, in our sole discretion, to change and revise these Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. The most current version will be available on our website, and the Effective Date of the current version is at the top of this page.

1. Customers, Users and Use of Services

These Terms apply to any and all RentWorks customers and users of RentWorks's Services, including but not limited to individuals, small and large businesses, and nonprofit organizations, who utilize the Services (“Customers,” “you,” or “your”), as well as all others who access the Services, including but not limited to website visitors and users of affiliate websites which allow access to RentWorks Services (“Users,” “you,” or “your”) including each User's heirs, assigns and successors.

If you use the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

You agree to provide us with accurate information about yourself, including any information you may submit for background checks conducted about or requested by you. You further agree that your submission of such information is subject to our Privacy Policy.

In the Services, you may authorize RentWorks and third-party partners to obtain background reports about you (also known as consumer reports or investigative consumer reports). If you provide such authorization, you understand and agree that 1) the party you authorize may obtain information about your character, general reputation, personal characteristics, and/or mode of living, which can involve personal interviews with sources such as your neighbors, friends, or associates; 2) reports may include checks regarding your criminal history, credit history, eviction records, social security trace, motor vehicle records, drug screening, verification of your education or employment history or other background checks; and 3) any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company may furnish any and all background information requested by RentWorks.

By accessing or using the Services, you represent and warrant you shall comply with all applicable federal and state law, including but not limited to the Fair Credit Reporting Act and the Equal Employment Opportunity Act.

2. Your Account

You may need to register an account with RentWorks in order to utilize the Services. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account.

3. Intellectual Property and Limited License

All intellectual property rights in connection with the Site and Services shall be owned by RentWorks absolutely and in their entirety. These rights include database rights, patents, copyrights, trademarks (whether registered or unregistered), trade secrets, design rights, know-how, moral rights, and all similar rights.

Subject to these Terms, RentWorks grants you a worldwide, limited, revocable, non-exclusive license to access and use the Site and Services as they are provided to you by RentWorks for your personal, non-commercial use only. The License is non-transferable and non-assignable.

4. User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services (“User Content”). You hereby grant RentWorks a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, display, adapt, distribute, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such User Content throughout the world to provide the Services and for the purposes for which you submit such User Content.

You represent and warrant that you either are the sole and exclusive owner of all User Content that you submit or you control all rights, licenses, consents and releases that are necessary to grant to RentWorks the rights in such User Content.

5. Use Restrictions

You represent and warrant that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site or Services:

• Use the Site or Services for unauthorized purposes;
• Use the Site or Services for the benefit of any third party without RentWorks's prior written permission;
• Copy, distribute, rent, lease, lend, sublicense or transfer the Services without RentWorks's express prior written consent;
• Modify, decompile, reverse engineer, or disassemble the Site or Services;
• Use any robots, scripts, spiders, crawlers or other automated tools to collect, scrape, index, mine, or access the Services without RentWorks's prior written permission;
• Access the Site or Services for improper, illegal, or unauthorized purposes, including in violation of the Fair Credit Reporting Act, Civil Rights Act, or Equal Employment Opportunity Act;
• Misrepresent yourself, your identity, or information about you;
• Take any action that may unreasonably encumber the Services' infrastructure or circumvent security features;
• Intentionally violate any applicable local, state, national, or international law.

Notice of Penalty under the Fair Credit Reporting Act (“FCRA”): 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.

6. Authorization for Background Check & Certain Rights Under the FCRA

The Services may allow you to request a copy of your background check or background reports about you. By requesting a copy, you authorize RentWorks and its contractors/providers to use the information you provide to us for purposes of conducting background checks and producing reports for you.

Nothing in these Terms shall affect your right: a) to access certain information in your file by contacting us, or b) to notify us and request that we investigate information in your background check that you believe is inaccurate or incomplete, each as provided in 15 U.S.C. §§ 1681c-1, 1681g, and 1681i of the FCRA.

7. Fees

In connection with your use of the Services, RentWorks may charge certain fees (“Fees”) such as Fees when you order a background report. You agree to pay all applicable Fees or charges based on the terms then in effect. Once Services have been initiated, Fees are nonrefundable.

8. Accuracy of Information

We attempt to be as accurate as possible when describing our Services on the Site; however, we do not warrant that the content available on the Site is accurate, complete, reliable, current, or error-free. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

9. Warranties and Disclaimers

DISCLAIMER. YOU ACKNOWLEDGE THAT THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” RENTWORKS OBTAINS THE INFORMATION IN ITS REPORTS FROM THIRD PARTY SOURCES “AS IS”, AND THEREFORE PROVIDES THE INFORMATION TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. RENTWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. RENTWORKS EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

10. Indemnification

You agree to defend, indemnify and hold RentWorks, and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents harmless for any damages, losses, judgments, costs, or expenses, including reasonable attorneys' fees, arising from any third party claim, action, or demand arising out of or relating to: (a) your use of the Site, Services or User Content in violation of any law, rule, regulation, or your breach of any covenants, representations or warranties of these Terms; (b) any part of your User Content; or (c) your willful or malicious conduct relating to any violation described in this section.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENTWORKS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF SERVICES; (b) ACCESS DELAYS; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OFF-WEBSITE LINKS; (e) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS; (f) ANY INACCURACIES, ERRORS OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

12. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND RENTWORKS CAN BRING CLAIMS AGAINST EACH OTHER.

Agreement to Arbitrate

In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, You and RentWorks mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

Claims Covered by Arbitration

You and RentWorks agree that any disagreement, claim, or controversy arising out of or relating in any way to these Terms, or Your access to and/or use of the Services, shall be resolved by final and binding arbitration to the fullest extent allowed by law.

Class Action Waiver

You and RentWorks agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. You and RentWorks acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding.

Arbitration Rules, Procedures, and Costs

You and RentWorks agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties. If You are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules. If You are not an individual person, the arbitrator shall apply the AAA Commercial Arbitration Rules.

Opt-out

If you are an individual person, You have the right to opt-out and not be bound by this arbitration agreement by sending written notice to RentWorks — clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with Your account — via email (compliance@rent.works) or U.S. Mail (RentWorks, LLC, Legal Department, 10675 Perry Hwy, Suite 607, Wexford, PA 15090). Your opt-out notice must be sent within 30 days of Your agreement to these Terms.

13. Third-Party Links

The Services may contain links to third-party websites and other resources that are not owned or controlled by RentWorks. These links do not imply any endorsement by RentWorks. If you access a third-party website or resource from the Services, you do so at your own risk, and you understand that these Terms and RentWorks's Privacy Policy do not apply to your use of such links.

14. General

Governing Law: Except for Section 12, which is governed by the Federal Arbitration Act, these Terms are governed by the laws of the Commonwealth of Pennsylvania without regard to choice of law rules or principles.

Assignment: You may not assign any of your rights or obligations under these Terms without the prior written consent of RentWorks.

Integration: You acknowledge and agree that these Terms constitute the parties' complete and exclusive agreement concerning the use of the Site and Services.

Force Majeure: RentWorks will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action.

15. Contact

Written notice may be sent via first-class mail to:

RentWorks, LLC
Legal Department
10675 Perry Hwy, Suite 607
Wexford, PA 15090

Or via e-mail to compliance@rent.works.