Rent Reporting, powered by Buildium: Terms and Conditions
Updated: February 7, 2023
These Buildium Rent Reporting Services End User Terms and Conditions (this “Agreement”) states the basic terms and conditions that govern your access to and use of the Buildium Rent Reporting Services provided by Buildium, LLC. (referred to as “Buildium”). Please carefully read this Agreement before accessing or using the Services (defined below). By accessing or using the Services you expressly acknowledge and agree to the following terms and conditions.
1. Modification of the Agreement. Buildium may modify this Agreement at any time without notice to you. The date provided at the top of this page indicates the most recent update to this Agreement. We recommend that you review this Agreement periodically for any changes. If we materially modify this Agreement, we will make reasonable efforts to notify you of the change (through a pop-up or similar notification). Regardless of notification, your continued access to or use of the Services will constitute your acceptance of the revised legally-binding Agreement.
2. License. During the Term (defined below), you grant to Buildium a limited, non-exclusive license to access and use your Payment Information (defined below) as necessary for Buildium to perform the Services.
3. Payment Information. As a prerequisite to receiving the Services, you must provide to Buildium certain requested information, which may include personal information. You expressly acknowledge and agree that you must be 18 years of age or older to enroll in the Services; (ii) Buildium may use the personal information that you provide when you enroll in the Services, and any other personal information maintained by Buildium or its affiliates, for the purpose of Confidential Form © 2023 LEGAL Approved 01.05.2023 Version 1.6 verifying your identity and providing the Services; (iii) that all information that you provide to Buildium is true, accurate, and complete; (iv) Buildium is permitted to access your residential rental payment activity, which may include gaps in payment history (“Payment Information”) and provide such Payment Information to national consumer reporting agencies (as selected by Buildium in its discretion, which may include, for example, Equifax®, Experian® and Transunion®) (each a “Bureau”), (v) such Bureaus will be permitted to retain such Payment Information in perpetuity to be used for any lawful purpose; and (vi) Buildium may retain the information that you provide to Buildium or that Buildium obtains in connection with the provision of Services (but is not obligated to retain the information for any specified period of time). For clarity, Payment Information includes only rental payments made by you. Payment Information does not include any rental assistance or subsidies paid to your housing provider by third parties, which will not be reported to the Bureaus. Once the information is transmitted from Buildium to a Bureau, that Bureau will obtain an ownership interest in that information. If you do not agree to the foregoing conditions, or fail to provide the requested Payment Information, you may not use the Services.
4. Scope of Services. During the Term, Buildium will provide your Payment Information to select Bureaus, including, on an on-going basis, reporting your most recent Payment Information in a consumable format in an attempt to positively impact your credit score maintained by such Bureaus (the “Services”). If you choose to have Buildium provide Payment Information for the entire term of your current residential rental agreement (the “Lease Term Subscription”), Buildium will also provide to the Bureaus all prior payment activity associated with the lease. If you choose to have Buildium provide Payment Information on a month-to-month basis (the “Monthly Subscription”), Buildium will provide to the Bureaus payment activity starting with the month in which you have signed up. For clarity, your rental payment history will be submitted monthly in arrears. Buildium will also answer any questions relating to the Services, including about your Payment Information Buildium provides directly to the Bureaus. You acknowledge and agree that (i) Buildium is not a credit repair organization and has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores); and (ii) Buildium is not a Bureau and does not have direct influence over any aspect of credit, credit profiles, or the calculation of credit scores. Additionally, you acknowledge and agree that each Bureau maintains its own policies and procedures for managing, using and reporting rental payment activity and that a Bureau may remove Payment Information from your credit report in accordance with its policies and procedures.
5. No Warranty on Results. Each Bureau will determine, in its sole discretion, whether and how to use your Payment Information. BUILDIUM DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), THAT THE REPORTING OF YOUR PAYMENT INFORMATION WILL BE USED BY ANY BUREAU TO IMPROVE YOUR CREDIT SCORE MAINTAINED BY SUCH BUREAU.
6. Registration. You agree to maintain one enrollment registration and not attempt to enroll multiple registrations using alternate names, contact information or payment sources.
7. Services Fee; No Refunds. In consideration for providing the Services, you will pay to Buildium the fees disclosed to you at the time of enrollment (the “Services Fee”). Buildium requires that you register for the Services by registering an active credit card on file with Buildium. . If you enroll in the Lease Term Subscription, the applicable Services Fee will be payable in advance of each month in which you receive the Services. The Services Fee will be automatically deducted from your account until the Services are terminated in accordance with Section 12 (Term and Termination) of this Agreement. Once the Services Fee has been rightfully deducted from your account in accordance with this Agreement, you will not be eligible for a refund of the Services Fee(s). For clarity, if you cancel the Services during a subscription term, you will not receive a refund for any subscription fees already paid. Buildium reserves the right to increase the Services Fee upon thirty (30) days’ prior notice to you.
8. Dispute Resolution. For any dispute relating to an entry on a credit report related to your Payment Information, you agree to attempt to resolve such dispute directly with the applicable Bureau(s). Notwithstanding the foregoing, if in the context of any such dispute a Bureau raises any concerns directly with Buildium, Buildium will exercise commercially reasonable efforts to assist you as reasonably necessary to address such concerns (which may include, for example, contacting your property manager and/or contacting the applicable Bureau and requesting deletion or modification of your Payment Information, as appropriate).
9. Intellectual Property. The Services (including without limitation the software, content, visual interfaces, interactive features, information, graphics, design, compilation, and computer code) were created, compiled, prepared, selected, developed and arranged by Buildium through the expenditure of substantial time, effort and resources. The Services are the property of Buildium, its affiliates and its and their licensors, and are protected by (as applicable) copyright, trademark, patent, trade secret, trade dress, moral rights and other intellectual property laws and treaties. You have no ownership interest (in whole or in part) in the Services and no proprietary interest or right of title is transferred to you under this Agreement or by your access to or use of the Services whether by implication, estoppel, or otherwise. Buildium, our logo, and any other product or service name or slogan contained in the Services constitute trademarks of Buildium and our suppliers or licensors and may not be used without our prior written permission or the written permission of the applicable trademark owner. All other trademarks, product names and company names or logos used in conjunction with the Services are the property of their respective owners. Our reference to their products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by us unless we specifically state otherwise.
10. WARRANTY DISCLAIMER.
YOUR ACCESS TO AND USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDIUM, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “BUILDIUM PARTIES”) EXPRESSLY DISCLAIM (I) ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), MERCHANTABILITY, ERROR-FREE NATURE, TITLE, QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE; (II) ANY WARRANTY THAT THE SERVICE WILL IMPROVE YOUR CREDIT SCORE AND (III) ANY OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION, SERVICES OR FEATURES AVAILABLE THROUGH THE SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES. THIS WARRANTY DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WITH RESPECT TO THE SERVICES, YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT BUILDIUM IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE BUREAUS ACTUALLY FURNISHING THE CREDIT PROFILES AND SCORES AT ISSUE; THEREFORE, THE BUILDIUM PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT PROFILES AND SCORES AND FOR A BUREAU’S USE OR MANAGEMENT OF THE INFORMATION PROVIDED TO THEM BY BUILDIUM.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL BUILDIUM, OUR AFFILIATES, OUR SUBCONTRACTORS, OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES OR BUSINESS REPUTATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF BUILDIUM IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BUILDIUM, OUR AFFILIATES, OUR SUBCONTRACTORS OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT $10. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore some or all of the limitations in this Agreement may not apply to you to the extent they are prohibited or superseded by such state or foreign provisions. The foregoing limitations of liability will apply even if the limited remedies herein fail of their essential purpose.
12. Term and Termination. This Agreement commences upon your access to the Services and will remain in effect unless terminated by either party as set forth herein (the “Term”). This Agreement, and your rights and licenses hereunder, will terminate immediately: (i) upon your breach of the Agreement; (ii) upon your failure to timely make payment of the Services Fee; (iii) upon your failure to make a rent payment during the preceding 90-day period; (iv) upon the end of your lease (including any renewal thereof); or (v) if Buildium no longer has access to your residential rental payment history. Buildium may terminate support of the Services and this Agreement, or limit or terminate your access to the Services, at any time for any reason. Additionally, you may cancel the Services, effective as of the last day of the month in which you provide notice, by visiting the Buildium platform and following the instructions provided. You acknowledge and agree that if you terminate this Agreement and cancel the Services, applicable law may require you to wait for a specified period of time before you may elect to resume receiving the Services.
13. Indemnification. You agree to indemnify and hold harmless Buildium, our affiliates, and our respective directors, officers, employees, and agents from and against any and all claims and liabilities (including reasonable attorneys’ fees) that may arise from (i) your access to or use of the Services in a manner that is not permitted or contemplated herein; (ii) your failure to comply with any of the terms or conditions of this Agreement; or (iii) your failure to comply with any local, state, federal or international laws applicable to your use of the Services. Buildium reserves the right to assume the exclusive defense and control of any such matter, and you agree to cooperate with any reasonable requests for assistance with such defense.
14. Data Security. Buildium represents and warrants that its collection, access, use, storage, disposal and disclosure of your Payment Information does and will comply with all applicable federal and state privacy and data protection laws. Buildium will implement administrative, physical, and technical safeguards to protect such Payment Information from unauthorized access, acquisition, use or disclosure (“Data Breach“) that are no less rigorous than accepted industry practices applicable to such Payment Information. Buildium will notify you of any Data Breach as soon as reasonably practicable after Buildium becomes aware of it.
16. Jurisdiction and Law. You agree that any claim, action, or proceeding arising under this Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts applicable to contracts to be wholly performed therein.
17. Dispute Resolution; Waiver of Class Action Claims.
a. “Claim(s)” refer to all claims, disputes, and controversies, whether based on past, present, or future events, between you and Buildium arising out of, or pertaining in any way to, this Agreement; your Payment Information; services Buildium is providing to you; or any of your tenant screening reports prepared, reviewed, or used that include Payment Information. The Claims include, but are not limited to those that, in the absence of this Agreement, would have been heard in a court of competent jurisdiction under applicable state or federal law; Claims under any legal or equitable theory of liability, including claims for breach of any contract or covenant, whether express or implied, common law claims, tort claims, statutory claims, defamation claims, Fair Credit Reporting Act claims, and state and federal statutory claims under any provision of law regulating background checks, credit checks, consumer reports, investigative consumer reports, or analogous reports or checks; and disputes relating to the formation, interpretation, applicability, scope or enforceability of this Agreement.
b. AGREEMENT TO ARBITRATE “CLAIMS”: YOU AND BUILDIUM AGREE THAT ANY AND ALL CLAIMS SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU AND BUILDIUM FURTHER AGREE THAT ANY SUCH CLAIMS RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT SHALL BE DECIDED BY THE ARBITRATOR, NOT A COURT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY CLAIM RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING CLAIMS THAT THE AGREEMENT IS VOID OR VOIDABLE.
c. CLASS ACTION WAIVER: YOU AND BUILDIUM EXPRESSLY AGREE THAT ALL ARBITRATIONS PURSUANT TO THIS AGREEMENT WILL BE LIMITED TO INDIVIDUAL, NOT REPRESENTATIVE CLAIMS. YOU AND BUILDIUM EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION PERTAINING TO A CLAIM IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU AND BUILDIUM ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS OR REPRESENTATIVE ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS OR REPRESENTATIVE ACTION SOMEONE ELSE BRINGS IN COURT. You and Buildium acknowledge that this class action waiver is integral to this Agreement. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, you and Buildium agree that this agreement to arbitrate will not apply, and any Claim shall be resolved in court. That is, You and Buildium agree that this class action waiver cannot be severed from this agreement to arbitrate. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.
d. Arbitration Rules: You and Buildium agree that the arbitration will be administered pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as well as the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, in effect at the time of the arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all proper claims of privilege recognized by law. The arbitrator will not have the power to award damages or relief not authorized by law.
e. Procedure for Initiating Arbitration: You and Buildium agree that JAMS shall conduct any arbitration initiated pursuant to this agreement to arbitrate. To initiate arbitration, you may contact JAMS at 1-800-352- JAMS or www.jamsadr.com. A demand for arbitration form can also be found at https://www.jamsadr.com/submit. If You file an arbitration claim against Buildium, you are responsible for paying $250 of JAMS’ fees. Buildium agrees to pay the remainder of JAMS’ fees, if any, on your behalf. Arbitration shall be held in the state in which You reside at the time You initiate the arbitration.
f. OPT-OUT: IF YOU DO NOT WANT THIS AGREEMENT TO ARBITRATE TO APPLY, YOU MAY OPT-OUT OF IT BY SENDING TO BUILDIUM, ATTN: CHIEF LEGAL OFFICER, AN OPT-OUT NOTICE E-MAIL TO ARBITRATIONOPTOUT@REALPAGE.COM WITHIN FOURTEEN (14) DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT. THIS E-MAIL OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE SUBJECT LINE OF THE E-MAIL MUST STATE: “Buildium Rent Reporting Agreement Arbitration Opt-Out”; (C) THE DATE YOU AGREED TO THIS AGREEMENT; AND (D) A STATEMENT THAT YOU ARE OPTING OUT OF THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT.
g. JURY AND COURT WAIVER: BY AGREEING TO ARBITRATION, YOU AND BUILDIUM ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS.
h. Applicable Law: You and Buildium agree that, notwithstanding any other choice of law provision, the agreement to arbitrate and Agreement are governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
i. Small Claims: Notwithstanding the provisions above, the agreement to arbitrate does not preclude you or Buildium from seeking remedies in any applicable small claims court, provided the remedies sought are within the scope of the applicable small claims court’s jurisdiction.
18. Notices. Any notice to Buildium under this Agreement must be in writing and delivered in person, by nationally recognized express courier or by certified mail to: Buildium, LLC, 2201 Lakeside Blvd., Richardson, TX 75082 ATTN: Legal Department. Such notice will be deemed given on the same day if delivered in person, or on the next business day if delivered by any other expressly permitted method.
19. Contact Information. For questions related to the Services, visit the “My Account” page within the Buildium platform to review frequently asked questions regarding the Services.
20. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.
21. Waiver. The only way a party may waive any of its rights under this Agreement is through a specific written waiver by its authorized representative. No waiver of one provision shall be interpreted as a waiver of any other provision of this Agreement.
22. Survival. The provisions of this Agreement relating to (i) any license restrictions; (ii) warranty disclaimer, (iii) limitation of liability, (iii) indemnification, (iv) ownership of intellectual property, (v) entire agreement, (vi) dispute resolution and class action waiver; and (vii) any other provision which by its nature is intended to survive, will survive the termination or expiration of this Agreement.
23. Assignment. You may not assign or delegate to any third party any of your respective rights or obligations under this Agreement.
24. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by an act of God; act of war, hostility or sabotage; pandemic or epidemic; electrical, internet or telecommunications outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party.
25. Entire Agreement. This Agreement incorporates the entire understanding of the parties concerning the subject matter contained herein. No party is relying on any warranties, representations, promises or inducements not expressly stated in this Agreement.