You have elected to use the online auction platform of Brixbid, Inc. (hereinafter “Brixbid”) on its website brixbid.com (hereinafter “Website”) to rent residential real estate by following the auction rules and procedures (hereinafter “Auction Platform”) as stated on the Website. These Renter Terms and Conditions (the “Agreement”) govern your use of the Auction Platform provided by Brixbid. By using the Auction Platform you agree to be bound these Renter Terms and Conditions to the exclusion of all other terms. If you do not unconditionally agree to all of the terms and conditions of this agreement, then you shall not use and have no right to use the Auction Platform. Brixbid may update or modify the terms of this Agreement from time to time and will notify you of such updates either via email or by posting such changes on the Website or other reasonable means. Your continued use of the Auction Platform following notification of an updated version of the Agreement shall constitute your consent thereto.
RENTER AND USER
TERMS AND CONDITIONS
Table Of Contents
Brixbid shall use commercial reasonable efforts to provide the Auction Platform to you in accord with the Auction procedures and rules found the Website as updated from time to time. The Auction Platform shall be based on Brixbid’s then current business practices and Brixbid shall charge fees posted on the Website in accord with the Brixbid’s then current pricing. The Auction Platform may incorporate or link to components or services provided by one or more third parties (hereinafter “Third Party Services”). You agree that your use of those Third Party Services may be subject to terms and conditions and policies (including any amendments or modifications to those terms and conditions and policies) that are specific to such Third Party Services, and that you shall be bound by such terms and conditions and policies.
Prior to using the Auction Platform, you agree to register for an account with Brixbid by providing information on the Website accurately identifying you (hereinafter “Renter Account”). Information required to be provided by you to create or maintain your Renter Account shall be stated in designated data entry fields on the Website and you shall be allowed to continue with use of the Auction Platform only after the accurate input of such information. Brixbid reserves the right to modify or update the information required to be provided in the Renter Account in its sole and absolute discretion. You agree that all information provided to Brixbid shall be accurate and truthful and nothing therein shall misrepresent your identity.
Prior to bidding on an individual Property Listing, you agree that you have fully read and understand the Auction Platform rules and procedures and you agree to fully comply with all of the Auction Platform rules and procedures as stated on the Website. Such compliance is a material obligation of you pursuant to this Agreement and failure to comply with the rules and procedures amounts to breach of this Agreement which may result in the suspension or termination of your Renter Account. The Auction Platform rules and procedures can be found here.
To use the Auction Platform, you shall pay Brixbid in accord with the Renter Fee and Deposit Schedule stated on the Website. Brixbid shall automatically bill your credit card based on your usage of the Auction Platform and corresponding deposit or fee. Brixbid reserves the right to modify or update the Renter Fee and Deposit Schedule in its sole and absolute discretion. You agree to remit to Brixbid all fees due in full without deduction or offset. Late fees shall accrue on outstanding balances at a rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, calculated from the date such balance is due until the date such fee is paid in full with the accrued interest. Without limiting any other remedy available to Brixbid, if this Agreement expires or terminates for any reason, you shall pay all unpaid fees due and owing Brixbid related to periods up to and including the date of expiration or termination and you acknowledge and consent to Brixbid automatically charging your credit card for such amounts.
You shall take all reasonable security precautions in connection with its use of your Renter Account and use of the Auction Platform. You shall protect the confidentiality of your username, password, and other information you use to access your Renter Account and the Auction Platform and shall change passwords periodically. If your Renter Account is hacked, compromised or otherwise accessed by a third party without authorization, then Brixbid may, in its discretion, suspend your Renter Account until appropriate resolution of security breach is obtained.
You represent and warrant to Brixbid the following:
- You are at least 18 years of age;
- All information furnished by you related to your Renter Account is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete;
- You shall comply with all laws, rules and regulations, including all laws, rules and regulations applicable to you, the Auction Platform, the Property and the Residential Lease Agreement.
When accessing or using the Auction Platform or the Website, you shall not:
- Violate any law, statute, ordinance or regulation;
- Violate any patent, trademark, trade secret, copyright, privacy right, publicity right, or other right of any person or entity;
- Violate or breach any term of this Agreement or any other agreement provided by Brixbid;
- Post or disseminate any false, inaccurate, or deceptive content;
- Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of the Auction Platform, the Website, Brixbid’s systems or the systems of any third party;
- Transfer your account to any third party, or allow a third party to use your account, without our express written permission;
- Use the Website or any information on the Website in connection with any contest, pyramid scheme, chain letter, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise) or to commit fraud;
- Use any robot, spider, scraper or other automated means to access the Auction Platform or Website for any purpose;
- Bypass our robot exclusion headers, interfere with the working of the Auction Platform or Website or impose an unreasonable or disproportionately large load on our infrastructure;
- Engage in any inappropriate, profane, defamatory, obscene, harassing, abusive, threatening, harmful, racist, discriminatory, indecent, unlawful or otherwise objectionable conduct or activities of any kind;
- Engage in any conduct or activity intended to or having the result of manipulating or circumventing your payment obligations to Brixbid and Brixbid’s suppliers (by, for example, negotiating fees with Renters outside of the Auction Platform);
- Enter into a transaction or engage in conduct either inside or outside of the Website in a manner that might deprive Brixbid of the fees due to Brixbid or otherwise deprive Brixbid or any other party of any benefit from a transaction contemplated herein;
- Use the Auction Platform or Website to create a product or service (or assist any person or entity to create a product or service) that competes with the Auction Platform;
- Violate any of Brixbid’s intellectual property rights by, for example, copying the Website or any elements from the Website;
- Disparage Brixbid or its owners, officers, directors, representatives or employees, or portray or depict Brixbid, its owners, its employees, its products or its services in an unflattering or unfavorable light;
- Engage in any conduct or activity that tends to undermine any Renters’ confidence, or any other person’s or entity’s confidence in Brixbid, the Auction Platform and/or the Website;
- Engage in any conduct or activity that tends to undermine the performance of, or interfere with the normal operation of, the Auction Platform or Website;
- Send or otherwise make available any information or material that may constitute or encourage conduct that could be a criminal offense or civil wrong;
- Impersonate any person or entity, or make any false statement regarding any agency or affiliation with any entity, or create a false identity;
- Interfere with or disrupt, or attempt to interfere with or disrupt, any server, network or equipment connected to the Website;
- Attempt to gain unauthorized access to any other computer system or network connected to the Website;
- Harvest or otherwise collect information about users without their consent;
- Circumvent any technical measures we use to provide the Auction Platform and the Website;
- Stalk, threaten or harass Brixbid, any Landlord, any Renter or any other person or entity, or infringe upon or attempt to infringe upon their privacy;
- Transmit, upload, email or post to, or otherwise make available via, the Auction Platform or Website or Brixbid’s systems, any file that contains a virus, Trojan horse, worm, time bomb, cancelbot, malware, corrupted files, or any other similar software or programs that may damage the operation of the Auction Platform, Website, Brixbid’s systems, another's computer or the property of another; or
- Provide support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any person or organization designated as a foreign terrorist organization by the U.S. government.
You agree to defend, indemnify and hold Brixbid, its parent and its affiliates, and its and their officers, directors, employees, consultants, contractors, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against any of the Indemnified Parties related to: (a) any breach of this Agreement; (b) any dispute or claim arising from or related to any Residential Lease Agreement or Property; (c) your use of the Website and/or the Auction Platform; (d) any listing; (e) any act or omission of any Landlord (including any failure of a Landlord to sign a Residential Lease Agreement); and (f) any Material submitted, posted or transmitted through the Website and/or the Auction Platform under your Renter Account. Upon receipt of notice of any claim, suit, action or other proceeding, you shall immediately undertake the full defense and settlement of the same.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT ALLOWED BY LAW, THE WEBSITE AND AUCTION PLATFORM ARE PROVIDED "AS-IS", “AS-AVAILABLE” AND USED AT YOUR SOLE RISK, AND THAT YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST BRIXBID, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO THE WEBSITE, THE AUCTION PLATFORM, ANY THIRD-PARTY MATERIALS, ANY OTHER RENTER, ANY LANDLORD OR ANY PROPERTY. TO THE FULLEST EXTENT OF THE LAW, BRIXBID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, ERROR-FREE OPERATION, SECURITY OR ACCURACY WITH RESPECT TO THE AUCTION PLATFORM, WEBSITE, ANY THIRD-PARTY MATERIALS AND ANY AND ALL INFORMATION AND DATA TRANSMITTED VIA THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIXBID, ITS PARENT AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO YOU, ANY OTHER RENTER, LANDLORD OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF OPPORTUNITY, BUSINESS, REVENUE, PROFITS OR USE, OR FOR LOSS OF ANY OTHER ECONOMIC ADVANTAGE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT BRIXBID, ITS PARENT AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE AUCTION PLATFORM AND/OR WEBSITE BY YOU WILL NOT EXCEED THE GREATER OF (A) THE TOTAL OF THE ACTUAL FEES RECEIVED BY BRIXBID FROM YOU THE THREE (3) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION; AND (B) FIVE DOLLARS ($5).
BRIXBID DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY YOU OR ANY LANDLORD IN CONNECTION WITH ANY RESIDENTIAL LEASE AGREEMENT, ANY OTHER LISTING MATERIALS, ANY PAYMENT OR ANY PROPERTY. YOU SHALL INDEMNIFY, DEFEND AND HOLD BRIXBID, ITS PARENT AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
THE LIMITATIONS AND EXCLUSIONS DESCRIBED IN THIS SECTION (LIMITATION OF LIABILITY) APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR IN EQUITY AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW
Some of the content, services, features and information made available on the Website may belong to third parties. Examples of third party services and materials include DocuSign, DocuSign’s digital signature technology, and the Residential Lease Agreement. You acknowledge that Brixbid assumes no responsibility or liability for such content, services, features or information or for any third-party websites, services or goods that may be linked to or from the Website or advertised on the Website (the foregoing collectively referred to as “Third Party Services”). NOTWITHSTANDING ANYTHING TO THE CONTRARY, BRIXBID MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THIRD PARTY SERVICES OR SEPARATE PRODUCTS OR RELATED SUPPORT SERVICES AND, AS BETWEEN YOU AND BRIXBID, SUCH THIRD PARTY SERVICES AND SEPARATE PRODUCTS AND RELATED SUPPORT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BRIXBID SHALL HAVE NO LIABILITY FOR LOSS, DESTRUCTION, ALTERATION OR UNAUTHORIZED ACCESSTO DATA OR OTHER CONTENT STORED OR TRANSMITTED USING THIRD PARTY SERVICES OR SEPARATE PRODUCTS.
Brixbid may provide notices or other communications to you via the contact information provided in the Renter Account. Changes to this Agreement will be identified by a change to the date at the bottom of this Agreement. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless an email address or other contact information for receipt of certain applicable notices is expressly set forth in this Agreement and you are advised to use such email address or other contact information, all notices sent to Brixbid must be delivered via express delivery or regular mail to
43 Purchase Street, 2nd Floor
Rye, NY 10580
Brixbid may, without notice to you: (i) report to the appropriate authorities any conduct by you that Brixbid believes violates applicable criminal law; and (ii) provide any information that it has about you in response to a request from a law enforcement or government agency, or in response to a request in a civil action that on its face meets the requirements for such a request.
You may terminate your Renter’s Account and cease using the Website at any time and for any reason or no reason. In order to terminate the Renter’s Account, you shall email a request to firstname.lastname@example.org. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, termination by you shall not terminate, modify or impact any existing bid you have outstanding or pending on an active Property Listing. Brixbid reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any portion or feature of the Website, or suspend or terminate your access to your account, the Website or any portion or feature of the Website, in our sole discretion and with or without notice to you. You agree that Brixbid shall not be liable to you, any renter, any other Landlord or any other third party for any modification, suspension or discontinuance of the Website or any portion or feature of the Website, or for any losses or damages that may result to you or to any third party from such discontinuation or interruption. The obligations of you pursuant to Sections 6, 10, 11, 12, 13, 14 and 21 shall survive any expiration or termination of this agreement.
Brixbid reserves the right to audit and monitor (manually or through automated means) the use of the Auction Platform and Website to ensure compliance with this Agreement and to maintain, improve and expand the Auction Platform, the Website and other offerings. Brixbid also may, but is not required to, monitor content on the Website using manual review or technical measures to screen, block, filter, edit or remove content. Brixbid may terminate or suspend your account or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
Neither party shall be liable to the other for any delay or failure in the performance of this Agreement or the Website or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire, strike, unavailability of energy sources or any other causes beyond such party’s reasonable control.
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Brixbid. Any purported assignment without the prior written consent of Brixbid shall be null and void and of no force or effect. Brixbid may assign this Agreement without restriction. This Agreement is binding on you and your heirs and representatives.
MANDATORY TERMS FOR EACH CONSUMER AGREEMENT
TURSS provides access to SmartMove to allow you to authorize and agree to provide your credit and public record information ("Credit Information") to third parties. From time to time TURSS may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of other products and services, or to the participation in future contests or surveys.
After agreeing to the terms of this Agreement, you will be requested to authenticate your identity (using information from public records and credit information related to the identifying information that you provide (e.g., Social Security Number, Date of Birth) ("Identifying Information")) and acknowledge that upon successful completion of identity verification, your Credit Information will be scored by TURSS and provided to third parties indicated on your request via this platform. You acknowledge and agree that TURSS and the platform provider are not responsible for any actions or decisions made by any third parties with whom you have agreed to share your Credit Information.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed through SmartMove and/or the Site are the property of TURSS or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, TURSS owns intellectual property rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TURSS or the owner of the Content.
Disclaimer of Warranties and Liabilities
SMARTMOVE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SMARTMOVE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SMARTMOVE OR THE SITE, PRODUCTS OR SERVICES OR THAT SMARTMOVE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERSDISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SMARTMOVE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SMARTMOVE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT TURSS’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT.
TURSS reserves the right to publish or use any responses, questions or comments emailed to this address for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.
Registration and Accurate Information
If you decide to register on the Site or use SmartMove, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TURSS promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Site.
By using the Site or purchasing products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. Our privacy statement can be reached at https://www.mysmartmove.com/privacy-policy.html
Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a consumer report provided by such agency.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM THE SITE OR SMARTMOVE IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
You agree that Zumper, Inc. is not a “consumer reporting agency” or “reseller” as defined by the Fair Credit Reporting Act (“FCRA”) (15 U.S.C. § 1681a(f), (u)), a “consumer credit reporting agency” as defined by the California Consumer Credit Reporting Agencies Act (“CCCRAA”) (California Civil Code § 1785.3(d)), or an “investigative consumer reporting agency” as defined by the California Investigative Consumer Reporting Agencies Act (“CICRAA”) (California Civil Code § 1786.2(d)), or any similar laws of any other state, including the state in which you reside.
You agree that Zumper, Inc. shall have no obligation to you under the FCRA, CCCRAA, CICRAA or any other similar state law arising out of or relating to your use of SmartMove, or any products or services offered through the Site, including without limitation any obligation to: ensure the content of any report or information concerning you complies with any applicable limitation on the content of such reports; maintain reasonable procedures to limit the furnishing of any report or information concerning you to the purposes permitted by any relevant law; follow reasonable procedures to assure maximum possible accuracy of any report or information concerning you; provide any disclosure or notice to you; conduct any reinvestigation in the event you dispute the completeness or accuracy of any report or information concerning you; respond to any such dispute you raise; identify the sources from which any information concerning you was obtained; or make available to you a copy of any report or information concerning you.
In the event that you have any question regarding the content of any information or report concerning you provided or requested through SmartMove, or dispute the completeness or accuracy of any item contained in your consumer file, you agree to notify TransUnion Rental Screening Solutions, 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111. You agree that Zumper, Inc. has no responsibility for, or control over, the content of the credit reports provided or requested through SmartMove or any consumer file pertaining to you.
Term and Termination; Modification
This Agreement will take effect at the time you click "I Accept," and shall terminate (a) when either party gives notice of its intention to terminate to the other party hereto, to TURSS via the toll-free number set forth on the web site, or (b) if TURSS discontinues providing SmartMove or access to the Site.
TURSS may (i) change the terms of this Agreement or the feature of the Service, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use SmartMove and/or the Site after TURSS has notified you of a change in the Agreement you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.
Policy Regarding Children
We define children as individuals under the age of 18. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any products through this website.
You should send any notices or other communications regarding SmartMove or our Site to TransUnion Rental Screening Solutions, 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Illinois, USA, and applicable federal law, without regard to any conflict of law provisions. TURSS can provide credit reports only on individuals who have established credit in the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TURSS' provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Northern District of Illinois, USA.
You understand that by clicking on the "I Accept" button immediately following this notice, you are providing "written instructions" to TransUnion Rental Screening Solutions to obtain information from your personal credit profile from TransUnion and public records sources. You authorize TransUnion Rental Screening Solutions to obtain such information and to score such information and provide it to certain identified third parties who are requesting this information about you. Before you may use TransUnion SmartMove, we must obtain "written instructions" from you to give us permission to obtain your TransUnion credit history and public records report and share them with certain identified third parties.
Please confirm your authorization for TransUnion Rental Screening Solutions to obtain your credit profile from TransUnion and public records sources and to score such information and provide it to certain identified third parties who are requesting this information about you.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. You are not a third-party beneficiary under the User Terms and Conditions. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between you and Brixbid with respect to the subject matter hereof, and you have not relied upon any promises or representations by Brixbid with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Auction Platform or the Website. No amendment to this Agreement will be effective unless made in writing. The section and paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. All references to “days” in this Agreement refer to calendar days unless expressly provided otherwise. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect and the offending provision shall be modified to the extent necessary to make it compliant with applicable law.