Terms of Service
TERMS OF SERVICE AGREEMENT
Welcome to the PRBC Service. PRBC makes this web site and its products and services (collectively, the "Site") available subject to the following terms and conditions (the "Agreement"). This Agreement is between you, the user of this Site, and PRBC. Please read this Agreement carefully before accessing or using this Site. By accessing or using this Site, or by establishing an account, you agree to be legally bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU MAY NOT ACCESS OR USE THIS SITE.
INTRODUCTION. PRBC is a credit bureau (or "consumer reporting agency") that provides (i) consumers with tools to demonstrate creditworthiness through rental and other bill payments, as homeowners do with mortgage payments, regardless of income or where a person lives, and (ii) businesses with tools to build customer loyalty and improve business in a variety of innovative and socially responsible ways.
UPDATES TO THIS AGREEMENT. PRBC reserves the right to modify this Agreement at any time. Any modifications will become effective immediately upon posting to this Site. You agree that it is your responsibility to review the Agreement periodically to be aware of such modifications, as your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.
YOUR USE OF THIS SITE IS A PRIVILEGE, NOT A RIGHT. Your membership and your authorization to access and make use of this Site (and the materials and informational content available via this Site) is a privilege, not a right, and is subject to your compliance with this Agreement. You agree: (i) that you are fully responsible for your account and your activities while using this Site (including for any data and other informational content and materials you access, submit, receive or transmit via this Site), and (ii) to comply with all applicable laws (including the Fair Credit Reporting Act, the Gramm-Leach Bliley Act, and any applicable state and local laws).
NO UNAUTHORIZED USE PERMITTED. You agree not to use this Site to engage in any prohibited conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) PRBC or any other party or property; that violates another party's privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. For example, you agree to submit only true, valid and accurate information to this Site (including during any registration process). You also agree to correct promptly any errors in any information related to you. You may not use this Site to seek to discover or obtain information about, or to provide information about, any other person or entity unless you have the legal right to do so.
TERMINATION OF ACCESS. PRBC shall have the right to terminate this Site and to discontinue, suspend or modify this Site in whole or in part, with or without notice, at PRBC's sole discretion. This includes the right to terminate any user account of a user who violates this Agreement. You agree that PRBC shall not be liable for doing so. In addition, PRBC may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time. PRBC reserves the right to investigate, involve and cooperate with appropriate authorities regarding any fraudulent or other illegal or unauthorized activities involving this Site, and to disclose any information necessary for such purpose.
PRIVACY POLICY. Your privacy is very important to PRBC. PRBC's online information practices with respect to this Site are described in this Site's privacy policy ("Privacy Policy"), which you may review at the following URL: http://prbc.com/main/privacy.php.
CONSUMER RECORDS AND ACCOUNTS. As further described in the Privacy Policy, PRBC is a consumer reporting agency regulated by the Federal Trade Commission. If you are a consumer, then by establishing an account via the Site you authorize PRBC to collect, retain and when authorized by you, disclose your PRBC information for permissible purposes under the Fair Credit Reporting Act. PRBC shall be under no obligation (and shall have no liability) to expunge from its databases or recall (or to require any third party to cease use of) any information that has been disclosed to PRBC, except as required by law.
OWNERSHIP AND TRADEMARKS. This Site, including all content, HTML or other code, pages, graphics, software and all other materials associated or within this Site (collectively, the "Content"), and the compilation of the Content and the "look and feel" of this Site are the property of PRBC and its licensors and service providers, and protected by US and international copyright and intellectual property rights laws and treaties. No portion of the Content may be used or otherwise exploited for any purpose and in any form without the express written permission of PRBC and, as applicable, its licensors and service providers.
The Pay Rent, Build Credit name and logo, PRBC, and Pay Rent, Build Credit, Inc. and other PRBC logos and product and service names are trademarks or registered trademarks of PRBC and PRBC's property. These marks may not be used for any purpose without the express written permission of PRBC. Other trademarks used on this Site are the property of the respective owners. All rights not expressly granted are reserved.
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE INCLUDING ALL INFORMATION, PRODUCTS OR SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND THE ENTIRE RISK OF USING THIS SITE IS WITH YOU. PRBC EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (ii) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE BY PRBC; (iii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (iv) THAT THIS SITE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED.
LIMITATIONS OF LIABILITY. THIS SITE IS PROVIDED WITHOUT LIABILITY OF ANY KIND ON THE PART OF PRBC (OR ANY OF ITS LICENSORS OR PROVIDERS). IN NO EVENT SHALL PRBC (OR ANY OF ITS LICENSORS OR PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THIS SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THIS SITE (OR ANY PART THEREOF), (iii) THE INTERNET GENERALLY OR (iv) ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY OF THE PRECEDING LIMITATIONS OF LIABILITY IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PRBC'S AGGREGATE LIABILITY SHALL BE LIMITED TO YOUR DIRECT DAMAGES INCURRED UP TO A MAXIMUM TOTAL OF US$200.
LINKS TO OTHER SITES. This Site contains links to third party web sites, resources and informational content ("linked sites"). These links are provided solely as a convenience to you and are not meant to constitute an endorsement by PRBC of the contents on such third-party materials. The linked sites are not under the control of PRBC and PRBC is not responsible for any of the materials available from any linked sites. PRBC disclaims all responsibility and liability with regard to your access to or use of such linked sites.
ADDITIONAL TERMS. Certain areas or aspects of this Site may be subject to additional rules, policies procedures, and/or terms (collectively, the "Additional Terms"). Your use of this Site is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.
DISPUTE RESOLUTION. Except for the right of PRBC to seek injunctive relief or other equitable remedies and except for PRBC's right to bring suit to protect its confidential information and intellectual property rights, all claims, disputes and controversies and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement, or the breach thereof, or the Site, which cannot be resolved by the parties, shall be settled by binding arbitration pursuant to the Federal Arbitration Act and the rules then in effect of the American Arbitration Association under its commercial Arbitration Rules (unless you are an individual, in which case its consumer rules will apply) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Not withstanding any provisions in such rules to the contrary, the arbitrator(s) shall have no authority to add or detract from the agreements of the parties. You expressly agree that any claim, dispute and controversy shall be arbitrated on an individual basis and not aggregated with the claims of any third party; class action arbitration is prohibited.
MISCELLANEOUS. You hereby consent to the exclusive jurisdiction and venue of state or federal courts in the State of Maryland, USA in all disputes arising out of or relating to this Agreement and this Site, subject to the dispute resolution provisions listed above. Notices given by you to PRBC must be given by postal mail to PRBC, One Annapolis St. Suite 101, Annapolis, MD, 21401, unless PRBC indicates otherwise. This Agreement is solely between you and PRBC. This Agreement does not create, and you and PRBC expressly disclaim, any third-party beneficiary relationships. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Except as expressly stated otherwise herein, this Agreement, together with the Privacy Policy and the other Additional Terms (all of which are incorporated into this Agreement) collectively constitutes the entire agreement between you and PRBC regarding their subject matter, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and PRBC with respect to such subject matter.
