PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
By using the SnapRoof service, the SnapRoof.com website, and/or the SnapRoof Mobile App ("Service" or "Services" ) you are agreeing to be bound by the following Terms of Service ("Terms of Service" or "Agreement"). The Service is provided by SnapRoof, Inc. ("SnapRoof").
The Service is a proprietary online software service for marketing, leasing and managing real estate properties located within the United States of America (the “Properties”), with all or a subset of the following functionality (depending on the features selected):
These Terms of Service apply to all: (a) the Service; (b) interaction by any means between you and SnapRoof regarding the Service; (c) your access to and use of the website located at SnapRoof.com or any subdomain (the "Service Website"); (d) your access to and use of the Mobile App (the "Service Mobile App") (e) your access to and use of credit resources, criminal and eviction history resources, text, pictures, graphics, logos, button items, icons, images, forms, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content"); and (f) the resolution of all claims and disputes between us.
YOU AND SNAPROOF UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED HEREIN PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US ONLY THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT TO THE FULLEST EXTENT PERMITTED BY LAW.
SNAPROOF NOT OWNER or MANAGER of PROPERTIES – NO WARRANTY
SnapRoof does not own or manage the properties listed on our Service and we are not a licensed real estate broker or agent. We provide a neutral venue that allows owners and property managers to advertise their Properties for lease by posting available rental properties on our Service. We do not guarantee and we are not responsible in any way for the actual condition of the Properties, the accuracy of the information posted regarding the Properties, the right of users to offer a particular property for rent, the ability of any user to pay for any rental or the ability of any user to comply with the terms of the lease or other agreement(s) between the users. By using our Service you agree that SnapRoof will have no liability or responsibility with respect to your interactions with any other user, including any personal injury or damage that occurs at a property listed through the Services.
YOU ASSUME ALL RISKS ASSOCIATED WITH RELYING ON ANYTHING ABOUT ANY OF THE PROPERTIES, INCLUDING, BUT NOT LIMITED TO, RENTING PROPERTIES AVAILABLE THROUGH THE SERVICES OR OTHERWISE INTERACTING WITH OTHER USERS OF THE SERVICES.
SNAPROOF NOT REPRESENTATIVE OF RENTAL APPLICANTS OR RENTERS – NO WARRANTY
SnapRoof does not represent the rental applicants or the renters. We are not a licensed real estate broker or agent. We provide a neutral venue that allows potential renters to present their application portfolios and offers to property owners and managers. We do not guarantee and we are not responsible in any way the accuracy of the application information posted by the users, the user’s creditworthiness, the ability of any user to pay for any rental, or the ability of any user to comply with the terms of the lease or other agreement(s) between the users. By using our Service you agree that SnapRoof will have no liability or responsibility with respect to your interactions with any other user, including any personal injury or damage that occurs at a property listed through the Services.
YOU ASSUME ALL RISKS ASSOCIATED WITH RELYING ON ANYTHING ABOUT ANY OF THE POTENTIAL RENTERS, INCLUDING, BUT NOT LIMITED TO, RENTING PROPERTIES TO A PARTICULAR USER THROUGH USE OF THE SERVICES.
You may list a property with our Service only if you are the owner of the property or authorized by the owner and, if required by the law of the State in which the property is located, properly licensed. You may list a property with our Service only when it is actually available for rent and once it has been rented or otherwise becomes unavailable for rent, you must promptly delist your listing. When you list a property for rent via the Service, you represent and warrant that you have all necessary rights and authority to rent the property shown in your listing, that the property is appropriately insured and free of any known safety hazards, that the property complies with all applicable laws, including heath and safety laws for the appropriate jurisdiction, and that your listing accurately describes the property. By posting a listing for a property, you agree that you will comply with all laws applicable to the advertisement of property rentals and the conduct of your rental business. We are not a party to any rental agreement between our users, and you acknowledge and agree that you will be required to enter into a separate agreement with another user related to renting properties listed on the Service.
You are solely responsible for all listings, images, video, information, data, text, links, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish, display, email or otherwise cause to be shown or used (hereinafter, “upload”) via the Service. By using the Service you are affirmatively representing that everything about your personal information, your application portfolio, and/or your listing(s) is/are true and correct and will remain true and correct so long as the listing and/or your personal information is displayed on the Service. SnapRoof reserves the right to investigate and take appropriate legal action against anyone who, in SnapRoof’s sole and absolute discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree that when using the Service you will:
SnapRoof is under no obligation to edit or control data that you transmit, and will not be in any way responsible or liable for data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your data and any intellectual property rights associated with your data.
SnapRoof reserves the right, in its sole discretion:
You acknowledge that SnapRoof has no obligation to do any of these things.
Even after you remove information from your profile or delete your account, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. Removed and deleted information may persist in backup copies indefinitely, but will not be available to others.
To the extent the Service requires you to make a payment or to select a payment plan and thus to provide SnapRoof information regarding your credit card or other payment instrument, you represent and warrant to SnapRoof that such information is correct and that you are authorized to use said credit card or payment instrument. You will promptly update your account information with any changes that may occur. You agree to pay SnapRoof the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize SnapRoof to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let SnapRoof know within twenty-eight (28) days after the date that SnapRoof bills you. We reserve the right to change SnapRoof’s prices. If SnapRoof does change prices, SnapRoof will provide notice of the change on the Service Website, the Service Mobile app, or in email to you, at SnapRoof’s option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on SnapRoof’s net income. You shall also be responsible for all costs and expenses associated with collection of unpaid amounts. We do not grant refunds under any circumstances, even if you terminate your SnapRoof account.
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to SnapRoof of data and your use of any credit, criminal history, or eviction history information and/or the Service provided under this Agreement. You may not use the Service for any illegal purpose. You may not use any credit, criminal history, or eviction history information you obtain through your use of the Service for any reason other than to assess whether you wish to rent to a user that is seeking to rent from you and has authorized you to have access to that user’s credit, criminal history, or eviction history information. If you violate this Agreement, SnapRoof may terminate your account without notice. If SnapRoof has reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that SnapRoof may share information about you, your account, and any of your transactions with law enforcement.
You agree not to post, email, or otherwise make available content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or that otherwise violates any state or local law prohibiting discrimination on the basis of these or other characteristics.)
You agree that you are solely responsible for your interactions with any other user in connection with the Service and that SnapRoof will have no liability or responsibility with respect thereto.
You understand that the ranking criteria provided by the Services is weighted by the specific user offering a property for lease and that SnapRoof does not set the priorities. You further understand that the rankings are based on a combination of factors set by the property owner or property manager and data provided by the applicants and that the rankings are not strictly on a “highest bidder” basis. By signing up to use the Service you understand that that you may not become the successful bidder / tenant of any particular property and by signing up for the Service you agree that SnapRoof is in no way responsible for the selection of any particular user for any particular property and waive, to the full extent allowed by law, any claim or cause of action you have or may have against SnapRoof relating to your use of the Service and/or the fact that you were not selected as the user to rent a particular property.
SnapRoof never takes custody of money you transfer using the Service and is not responsible for what recipients do with the payments you make. If a payor or payor’s bank initiates a reversal, chargeback, or dispute of a payment made to you, you authorize SnapRoof and SnapRoof's payment gateway providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. SnapRoof may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you through or outside the Service. Any authorization you provide to make automatic monthly payments using the Service will remain in effect until cancelled or expired. By providing SnapRoof with your payment information, you authorize us to use it and disclose it to SnapRoof's payment gateway providers for the purpose of processing the payments you authorize on the Service.
To properly use the Service, you must have the following electronic capabilities:
In order to purchase and view your criminal history and eviction history reports, SnapRoof will ask you for certain information such as your Social Security number, your date of birth, your address, and the like. SnapRoof will transmit this information securely to Experian and Contemporary Information Corp in order to a) authenticate you and b) supply you with your criminal history and eviction history reports. SnapRoof has no role in determining what is included in your criminal history and eviction history reports.
By using the Services you acknowledge and agree that SnapRoof has no liability to you or to any third party for any issue arising out of or relating to your criminal history and eviction history reports. Notwithstanding the foregoing, you understand that in submitting information for obtaining your criminal history and eviction history reports that you will be truthful and will enter information only about yourself and not on behalf of any other person unless the requested information calls for information about another person. You understand that the information will be relied upon by others using the Services and you will not provide any information which would be considered false or misleading.
SnapRoof makes available rental templates on the site. The rental templates available on the
SnapRoof site are not legal documents nor legal advice and shall not be construed as legal advice. They shall not be used to replace the advice of the users’ own legal counsel. The rental templates and the accompanying instructions are provided as a service and convenience to
SnapRoof users only. Use of the templates and the accompanying instructions by non-clients of SnapRoof is prohibited.
Users of the rental templates are solely responsible for the accuracy of their content, for
complying with the applicable requirements under the FCRA, and for complying with applicable
federal, state, and local laws. Users of the rental templates are solely responsible for the
decisions relating to their use, content, and agreed upon terms. SnapRoof did not make any
recommendations or decisions regarding the rental templates used by the users. SnapRoof is
unable to provide the specific reasons or explanations for actions or decisions of SnapRoof
By using any rental templates or the accompanying instructions posted on SnapRoof, users
agree to indemnify and hold harmless SnapRoof from any claims, costs, fees, damages, or
liabilities that users incur as a result of their use.
In order to purchase and view your credit report, SnapRoof will ask you for certain information such as your Social Security number, your date of birth, your address, and the like. SnapRoof will transmit this information securely to Experian in order to a) authenticate yourself and b) supply you with your credit report. Experian transmits the credit report information to SnapRoof, who in turn displays it to the purchasing user and users to whom he/she has in turn granted viewing privileges. SnapRoof does not store the credit reports. SnapRoof will act only as an intermediary allowing you to select those rental listings to whom you wish to submit an application and provide a copy of your credit report. SnapRoof does not store your credit report and has no role in determining what is included in your credit report, including your credit score. SnapRoof may have a token that will allow it to print and send you your credit report should you request that service. SnapRoof may also retain the token as is required by Experian. By using the Services you acknowledge and agree that SnapRoof has no liability to you or to any third party for any issue arising out of or relating to your credit report, including your credit score. Notwithstanding the foregoing, you understand that in submitting information for obtaining your credit report that you will be truthful and will enter information only about yourself and not on behalf of any other person unless the requested information calls for information about another person. You understand that the information will be relied upon by others using the Services and you will not provide any information which would be considered false or misleading. Further terms regarding credit reports and their use are set out below.
You, Potential Tenant, understand that by clicking on the “I AGREE” button which follows the below text in the Credit Report section of the Website, you are providing ‘written instructions’ to SnapRoof Inc. under the Fair Credit Reporting Act authorizing SnapRoof Inc. to obtain information from your personal credit report or other information from Experian. You authorize SnapRoof Inc. to obtain such information solely to confirm your identity and access and share an abbreviated version of your credit report and VantageScore credit score with an end user (such as a landlord or property management company) whom you have authorized to view your report and score for the purpose of assessing you eligibility to rent a property.
I understand that by clicking on the I AGREE button immediately following this notice, that I am providing ‘written instructions’ to SnapRoof Inc. (SnapRoof) under the Fair Credit Reporting Act authorizing SnapRoof to obtain information from my personal credit profile or other information from Experian. I authorize SnapRoof to obtain such information solely to confirm my identity; access and share my credit report and score with a landlord whom I have authorized to view my credit report and score for the purpose of tenant screening.
You, Prospective Landlord, understand that by clicking on the “I AGREE” button which follows the below text in the View Offers section of the Website, you are providing ‘written instructions’ to SnapRoof Inc. under the Fair Credit Reporting Act authorizing SnapRoof Inc. to confirm your identity. You authorize SnapRoof Inc. to obtain such information solely to confirm your identity and access and share an abbreviated version of Potential Tenant’s credit report and VantageScore credit score who has authorized you to view their credit report and score for the purpose of assessing their eligibility to rent a property.
I understand that by clicking on the I AGREE button immediately following this notice, that I am providing ‘written instructions’ to SnapRoof Inc. under the Fair Credit Reporting Act authorizing SnapRoof Inc. to obtain information from my personal credit profile or other information from Experian. I authorize SnapRoof Inc. to obtain such information solely to confirm my identity.
The SnapRoof Services utilize 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 at the time of SnapRoof’s request. 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 its 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 certified to SnapRoof Inc. 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 or as otherwise set forth in your agreement with SnapRoof Inc.
The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your 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 SnapRoof Inc. is not intended to constitute the disclosure of Experian information required by the Fair Credit Reporting Act or similar state laws.
You are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances: a. you have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report b. you certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which you made the certification c. you are a recipient of public welfare assistance d. you have reason to believe that your file at the agency contains inaccurate information due to fraud e. annually at www.annualcreditreport.com
Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed.
You do not have to purchase your credit report or other information from SnapRoof Inc. to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer credit report.
Experian’s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by SnapRoof Inc. The disclosure report must be obtained directly from Experian. Consumers 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.
You have the right to purchase a consumer credit score directly from Experian.
Obtaining Paper Copies
User, after providing consent, may, upon request, obtain a paper copy of the applicable electronic record associated with user’s consent to the SnapRoof Terms of Service. To obtain such record, send such a request to SnapRoof Inc., 5500 Stewart Ave, Suite #152, Fremont, CA 94538 and a cashier’s check of $45. Requests made without the processing fee payment will not be processed. Allow 60 days for processing.
Procedure for Withdrawing Consent
You, Potential Tenant, are aware that you may withdraw consent of sharing your credit, criminal history, or eviction history reports with a Prospective Landlord. Withdraw of consent can be conducted in the Credit Reports section of the Website.
Updating User Contact Information
You are aware that your contact information can be updated through the My Account page of the Service Website or Service Mobile App. To update such information, click on the ‘Edit’ button of the My Profile section, update your information, and click ‘Save Changes’.
You understand that you have the ability to print the Terms of Service, which includes the text written above. To print, please see the Terms of Service link located on the Service Website or Service Mobile App.
Dispute Resolution – Experian National Consumer Assistance Center (NCAC)
If you have purchased your Experian credit report and score using our Experian Connect website, then you may dispute inaccurate information in your credit report by contacting Experian’s National Consumer Assistance Center (NCAC) and obtaining a free Consumer File Disclosure within 60 days from the delivery of your credit report from Experian Connect by utilizing the link below.
NCAC Link: http://www.experian.com/connect/dispute-information.html
NCAC Link may be used solely by a user to obtain a free disclosure and dispute the Credit Information, and not to receive or dispute any other information or data. Experian makes no representation or warranty regarding use of the NCAC Link. The NCAC Link may not be used in lieu of Experian’s Reseller Reinvestigation Program and may not be used to satisfy or circumvent SnapRoof’s obligations under Section 611(f) of the FCRA. Without limiting the foregoing, the Reseller Reinvestigation Program must be utilized when SnapRoof receives a notice of a dispute from a user.
You may also dispute information on your Credit Report by contacting us, provided you have obtained your Credit Report via the Experian API on the Service Website or Service Mobile App. To dispute an item or items on your Credit Report, send the following to SnapRoof Inc. at 5500 Stewart Ave, Suite #152, Fremont, CA 94538
Upon receipt of your dispute claim, we will work with Experian to investigate and respond to your dispute claim. At times, the dispute results may not be in agreement with what you believe is accurate, and you may wish to further dispute an item. If this should happen, you must choose one of the following course of action:
You acknowledge that SnapRoof may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SnapRoof’s servers on your behalf. You agree that SnapRoof has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SnapRoof reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SnapRoof reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
SnapRoof's Service allows property owners and property managers (“Prospective Landlord”) to establish connections with potential tenants (“Potential Tenants”) and request that they authorize the sharing of Credit, Criminal, and Eviction Information. This service will enable you as a Potential Tenant to (a) view your Credit, Criminal, and Eviction Information ordered by you as a Potential Tenant, and (b) authorize one or more Prospective Landlords to view your Credit, Criminal, and Eviction Information. As a Prospective Landlord, SnapRoof’s Services will enable you to view Credit, Criminal, and Eviction Information about a Potential Tenant for which you have been authorized by said Potential Tenant, for a limited time. Resident Screening Services are subject to the FCRA Requirements as set forth below.
All rental decisions will be made by Prospective Landlords and Potential Tenants. You, as a user and Prospective Landlord, acknowledge and agree that we may provide recommendations as to actions concerning a Potential Tenant, and you further acknowledge and agree that all decisions of whether or not to accept a particular Potential Tenant, as well as the length of and terms of any rental, will be made by you. We shall have no liability to you or any other person or entity for any acceptance of, or the failure to accept, a Potential Tenant, or the terms of any such acceptance, regardless of whether or not your decision was based on recommendations, reports or other information provided to you by us. As part of SnapRoof’s Services we provide Prospective Landlords with the ability to rank Potential Tenants based on a list of criteria that can be ranked in importance by the Prospective Landlord. These criteria are fully optional and the ranking is solely within the discretion of each Prospective Landlord. The ranking of the criteria and other information are used together in a proprietary format to generate a score for each Potential Tenant. Both Prospective Landlords and Potential Tenants understand and agree that this ranking is imperfect and that the ultimate decisions are made by Prospective Landlords who may or may not consider the ranking and that SnapRoof’s providing of the ranking service shall in no way create liability on the part of SnapRoof in connection with the decision to select a particular Potential Tenant with which to enter into a lease.
We do not guarantee your compliance with all applicable laws in your use of the information provided by or through the Services. You understand that any conversation or communication with our employees or representatives regarding searches, verifications or other services offered by us are not to be considered a legal opinion regarding such use. You agree that you will consult with your own legal or other counsel regarding the use of the information provided by or through the Services, including but not limited to, the legality of using or relying on such information.
Each Potential Tenant understands and certifies that she or he is providing "written instructions" to SnapRoof to authorize SnapRoof, through the Services, to authorize Prospective Landlords as instructed by Potential Tenant in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended ("FCRA") to access and use Potential Tenant’s credit, criminal history, and eviction history reports for (a) authenticating Potential Tenant’s identity, and (b) providing authorized Prospective Landlords with access to a copy of Potential Tenant’s Credit Information for the duration of Report Subject’s use of the Service.
When requesting Credit Information as a Prospective Landlord, Prospective Landlord will request and use the Credit, Criminal, and Eviction Information strictly in accordance with the FCRA. Prospective Landlord agrees to and shall individually certify Prospective Landlord’s permissible purpose for access to Credit, Criminal, and Eviction Information on a consumer when requested by SnapRoof. Prospective Landlord acknowledges that Prospective Landlord’s use of the Credit, Criminal, and Eviction Information will be limited to its legitimate business need arising out of renting / leasing a Property and for no other purpose, and Prospective Landlord will not request or use the Credit, Criminal, and Eviction Information for any other purpose including, without limitation, any purpose prohibited by law.
PROSPECTIVE LANDLORD 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.
Prospective Landlord certifies that the use and related permissible purpose that Prospective Landlord designates will be accurate. Prospective Landlord certifies that for each instruction of a consumer who is the subject of the Credit, Criminal, and Eviction Information, such instruction will expressly authorize Prospective Landlord to obtain a copy of the Credit, Criminal, and Eviction Information and will contain at a minimum the consumer’s name, address, and electronic authorization. Prospective Landlord agrees to a limited short-term use of each consumer’s Credit, Criminal, and Eviction Information solely for the purposes set forth herein.
Prospective Landlord acknowledges and agrees that SnapRoof, at its sole discretion, may require that Prospective Landlord submit to an additional membership review. Prospective Landlord understands that Prospective Landlord’s access to the Service may be suspended until such time as the Prospective Landlord’s membership review is complete and approved by SnapRoof.
PROSPECTIVE LANDLORD 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.
SnapRoof is not a credit bureau or credit reporting agency and does not control the contents of credit, criminal history, or eviction reports obtained through the Services. Credit, criminal history, and eviction history reports may contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a Potential Tenant. If you, as a Potential Tenant believe that any information contained in your credit report is inaccurate or incomplete, you have the right to dispute it.
Although the FCRA primarily regulates the operations of consumer credit reporting agencies, it also affects you, the Prospective Landlord, as a user of information. The full text of the FCRA is available on the Federal Trade Commission web site: www.ftc.gov. We suggest that you and your employees become familiar with all of the provisions, including but not limited to, the following sections, as SnapRoof is not responsible for your full and complete compliance with all FCRA and other legal compliance as a user of credit, criminal and/or eviction information of a consumer:
Each of these referenced sections is of direct consequence to users who obtain reports on consumers.
You, as a Prospective Landlord, 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 Services 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. You agree to indemnify and defend SnapRoof from and against any and all claims as may be made for violation of the FCRA or any other law applicable to the use of consumer Credit, Criminal, and Eviction Information.
SnapRoof offers access to third party services, including but not limited to Experian, a credit reporting agency, that will provide, at the request of a Potential Tenant, a credit report and a credit score and shall provide a copy thereof to Prospective Landlord authorized by such Potential Tenant. Both the Potential Tenant and the Prospective Landlord acknowledge and agree that SnapRoof is not involved in the credit analysis and credit reporting services provided through the Services and that SnapRoof provides nothing more than access to the Experian system for that purpose and handles technical issues unrelated to the credit analysis itself. SnapRoof is not acting as a credit repair organization when providing access to the Experian system through the Service, and is not offering to sell, provide or perform any service to Potential Tenant for the express or implied purpose of either improving Potential Tenant’s credit record, credit history or credit rating or providing advice or assistance to Potential Tenant with regard to improving Potential Tenant’s credit record, credit history or credit rating. Potential Tenant acknowledges and agrees that Potential Tenant is not seeking to purchase, use, or access any of the Services, the Service Website or the Service Mobile App or mobile app, or Content in order to do so.
In compliance with Section 1785.14(a) of the California Civil Code, Prospective Landlord certifies to SnapRoof that Prospective Landlord 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.
Access to the Death Master File as issued by the Social Security Administration requires an entity to have a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule regulation, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1).
The National Technical Information Service has issued the Interim Final Rule for temporary certification permitting access to the Death Master File (“DMF”). Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, access to the DMF is restricted to only those entities that have a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule regulation, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1). As many credit bureau services contain information from the DMF, we would like to remind you of your continued obligation to restrict your use of deceased flags or other indicia provided as part of your access to credit bureau services to legitimate fraud prevention or business purposes in compliance with applicable laws, rules and regulations and consistent with your applicable Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) or Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) use. Your continued use of credit bureau services affirms your commitment to comply with these terms and all applicable laws.
You acknowledge you will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia provided as part of your access to credit bureau services.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SnapRoof, you agree not to use or create derivative works based on the Service or the Service Content.
The SnapRoof name and logos are trademarks and service marks of SnapRoof (collectively the “SnapRoof Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SnapRoof. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SnapRoof Trademarks displayed on the Service, without our prior written permission in each instance.
With respect to the listings, content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant SnapRoof and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, analyze, and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
Under no circumstances will SnapRoof be liable in any way for any content or materials of any third parties (including users), for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SnapRoof does not pre-screen content, but that SnapRoof and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
SnapRoof complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the SnapRoof website you may contact our Designated Agent via the Contact Us section of the Service Website or Service Mobile App.
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
In accordance with the DMCA and other applicable law, SnapRoof has adopted a policy of terminating, in appropriate circumstances and at SnapRoof's sole discretion, users who are deemed to be repeat infringers. SnapRoof may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This version of this Agreement became effective on October 1, 2015. SnapRoof reserves the right, in our sole discretion, to modify this Agreement, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Agreement and other SnapRoof policies before using the Website or the Services. Your use of the Service Website, Service Mobile App or the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
The Service Website, Service Mobile App, and Services are operated by SnapRoof from the United States, and SnapRoof does not represent or warrant that use of the Website or Service is lawful in other jurisdictions. All matters arising from or relating to this Agreement, the Service Website, the Service Mobile App, or to the use and operation of the Service shall be governed by the substantive laws of the State of California, without regard to its conflicts of laws principles. Subject to the obligation to arbitrate as set forth below, you agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco, California. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
All disputes arising out of or relating to this Agreement, the Service Website, Service Mobile App, or the Service shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be conducted in San Francisco, California. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and you waive any right to bring any claim as a representative of a proposed class, on an aggregated or mass basis, or as a private attorney general, or to consolidate arbitration proceedings without the consent of all parties thereto.
Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses.
No delay or omission by SnapRoof in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by SnapRoof of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to". If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, including, but not limited to any representations or consents given as part of clicking on an “I AGREE” button or link on the SnapRoof website or mobile app, this Agreement sets forth the entire agreement between you and SnapRoof regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
You hereby indemnify, defend, and hold harmless SnapRoof, its affiliates and their respective owners, officers, employees and agents, with respect to all claims, demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to your use of or access to the Service, the Service Website, the Service Mobile App, and/or Content, and/or your acts or omissions with respect thereto, which includes without limitation any breach of the agreement by you or claim related to your data or content. None of the remedies herein are exclusive. SnapRoof shall have the right to each and every remedy herein as well as all other remedies available to SnapRoof under law and/or equity.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. SNAPROOF 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 NON-INFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM SNAPROOF DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. SNAPROOF 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. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICE, INCLUDING A REPORT SUBJECT’S CREDIT INFORMATION, THE VANTAGESCORE® CREDIT SCORE, AND THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN THE REPORT SUBJECT’S CREDIT REPORT, MAY CHANGE OVER TIME AS THE REPORT SUBJECT’S REPORT CHANGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNAPROOF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNAPROOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM OR IN ANY WAY CONNECTED TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SNAPROOF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SNAPROOF IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
These Terms of Service and other policies SnapRoof may post to the Service Website and/or Service Mobile App constitute the entire Agreement between SnapRoof and you in connection with your use of the Service, the Service Website, the Service Mobile App, and the Content, and supersede any prior versions of the Terms of Service, if applicable. The Terms of Service are effective until terminated by SnapRoof.
BY CLICKING THE "I AGREE" BUTTON OR CHECKING THE "I AGREE" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN THE SECTION ENTITLED "CLAIMS BY BINDING ARBITRATION," AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE IS EFFECTIVE AND YOU WILL NOT CONTEST THE LEGALLY BINDING NATURE, VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION, BASED ON THE FACT THAT THE TERMS WERE ACCEPTED ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY THROUGHOUT YOUR ENTIRE COURSE OF PARTICIPATION IN THE SERVICE.
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.")
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via the Contact Us section of the Service Website or Service Mobile App or by telephone at (844) 228-1578.
Please contact us at support@SnapRoof.com, the Contact Us section of the Service Website or Service Mobile App, or by telephone at (844) 228-1578 to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
This Privacy Statement ("Privacy Statement") explains how www.snaproof.com ("SnapRoof", "Site"), a website and mobile application owned and operated by SnapRoof Inc., uses personal information and applies to all new users and affiliates who participate in, register on, or interact with, our site on or after the Effective Date. Please read this Privacy Statement carefully. If you do not agree to our practices, please do not register, subscribe, create an account, or otherwise interact with SnapRoof Inc. at www.snaproof.com and all Site's Services we provide.
When you create SnapRoof account, you provide some personal information in order to create an account. In addition, when either listing a property for rent or applying for a rental property, you provide additional information for the purposes of consummating a rental agreement. Rental applicants provide information about yourself, your employment, your financial status and other information. Landlords provide contact information and information about their properties. For obtaining and accessing credit reports, both parties provide information required to confirm their identities. Select pages of SnapRoof.com, such as those required to search available properties, do not require registration.
When you use the SnapRoof or open one of our emails, we may use technology (including cookies, IP addresses, unique device IDs, user IDs) to automatically collect non-personally identifiable information including:
SnapRoof Inc. has partnered with Experian Information Solutions, Inc. for the purposes of verifying an individual's identity and allowing the acquisition and sharing of a credit report. SnapRoof does not collect or store the credit report data. While such information is viewed on www.snaproof.com, all such information is requested from and displayed directly through Experian's API.
We may use your contact information to send you information about your searches (i.e. new listings that match your search criteria), about rental properties to which you have applied, and/or about our services such as a newsletters, site updates, and new features. You may unsubscribe to these messages by accessing www.snaproof.com. If you contact us, we may keep your message, email address and contact information to respond to your request.
SnapRoof enables rental applicants to invite others (i.e. roommates) to create an application on www.snaproof.com and jointly apply for rental properties. SnapRoof also enables a rental applicant to invite a landlord, who is not a SnapRoof user, to view his/her application. In the course of either of these actions, we will ask you for your roommate's email or the landlord's email address, respectively. We will use the information you provide to automatically send the persons a one-time email inviting him or her to respond to your invitation. We do not share the email address with any third parties.
When you visit SnapRoof, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to SnapRoof. These persistent cookies can be removed, but each web browser is a little different. Please review your browser's Help menu to learn how to modify your cookies setup.
SnapRoof will keep track of how you interact with links all over the site. We do this to potentially make modifications to the site architecture and to ensure you get the best user experience possible.
Personal Information will be processed and stored by SnapRoof Inc. in databases hosted in the United States. SnapRoof has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information.
We engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties only for purposes to enrich your online experience with us and complete transactions (i.e. payment of monthly rent) which you initiate.
We may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect SnapRoof rights or property.
If you are a registered user of SnapRoof services, we provide you with tools to access and modify the personal information that you provided to us and associated with your account.
You can ask to delete your SnapRoof account by contacting our support team. Do so via the electronic submission form on the Contact Us page.
It should be noted that your accounts must not have any active offers/applications made to landlords in order for it to be deleted. In case you have active offers made, you will be required to withdraw those offers before your account can be deleted
It should be noted that your accounts must not have any active offers/applications made by renters on your property/ies in order for it to be deleted. In case you have active offers, you will be required to reject the offers and delist your property before your account can be deleted.
If you have an active rental agreement with a renter/landlord and you choose to delete your account, please note that the application process, monthly rent collections through SnapRoof Inc., log of property maintenance records, and other services offered by Snaproof Inc. will be negatively impacted by the deletion. However certain information including but not limited to the rental contract will still be visible to the counter party.
SnapRoof services are not directed to people under 18. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from people under 18. If we become aware that a visitor under 18 has provided us with personal information, we take steps to remove such information and terminate the account.
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