Terms of Use

Tenant Check and Rate is owned by BOSS Development Strategies LLC (“Tenant Check and Rate”, “we” or “us”) operates this website, including any subdomains, mobile applications, or other extensions (collectively, the “Website”). The Website is offered and available only to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using or accessing the Website, (1) you represent and warrant that you are of legal age to form a binding contract and meet the foregoing eligibility requirements and (2) you agree to these Terms of Use (the “Terms”). If you do not meet all of the foregoing requirements or if you do not agree to the Terms, then you must not access or use the Website and you are not authorized to do so.

Please read the Terms carefully before using the Website. We may change the Terms from time to time in our sole discretion by posting revised terms to the Website. Any change to the Terms will be effective immediately upon posting to the Website and will apply to all access to and use of the Website thereafter. Your use of the Website following the posting of revised Terms constitutes your acceptance of the revised Terms. You are expected to review the Terms from time to time to ensure that you are aware of any changes, as the Terms are binding on you whether or not you have read them.

Tenant Check and Rate - Our Role

The Website provides users with content, functionality, and services related to managing, leasing, or renting real property, and promote tenant screening. The Website may be used by property managers and landlords to input information about past tenants or retrieve information on prospective tenants as part of screening (which are referred to herein as “tenants”) to, among other things, applying for a rental property, obtaining credit scores, evictions, and make or receive ratings based on rental history, and by landlords, property managers, or their agents (which are referred to herein as “landlords”). We provide the application platform for only licensed property managers, landlord, or real estate agents. We are not a party to any transactions, contracts, or agreements between users (property managers, landlords, real estate agents) or between any user and any third party, even if the transaction is facilitated by the Website. We are not a landlord or property manager, nor are we a broker or agent for any user. Further, while we may provide general information about the rights and obligations of landlords and tenants, we are not lawyers and do not provide legal advice of any kind. Users should consult legal counsel before entering into any contracts.

Access to Website

To access the Website or some of the features or resources it offers, you may be asked to provide certain information or registration details. It is a condition of your use of the Website that all of the information that you provide through the Website is correct, current, and complete. By providing a phone number, you agree that Tenant Check may contact you at this number. Your carrier’s normal phone rates may apply. You agree that all information that you provide through the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our privacy policy. You must treat any username, password, or other credentials used to access the Website or any of its features or functionality as confidential, and you must not share such information with anyone else unless you have added an authorized admin user to your account. In such event, you hereby give consent to allow an authorized admin user to gain nearly complete access to your account, including information, messages, rent payments, financial and banking information. The authorized admin user will not be able to change features in your account such as the owner’s email, phone number or name. The authorized admin user will also not have the ability to change your notification preferences. Your account is personal to you and you will be responsible for any use of the Website by any person using your username, password, or credentials. You agree to notify us immediately on any unauthorized access to or use of your username, password, or credentials, or any other breach of security. You must ensure that you exit from your account at the end of each session and you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.

A LICENSE NUMBER WITH LICENSING AGENCY MUST BE PROVIDED TO HAVE A SUBSCRIPTION AND ACESS THE WEBSITE FOR USE (State Real Estate Brokers License, Property Managers State License, Landlords LLC or EIN or Federal Tax Identification Number or SSN)

We reserve the right to withdraw or amend the Website, and any functionality, service, or material provided through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or any portion of the Website in our sole discretion.

Website Use Agreement

You may use the Website only for lawful purposes and in accordance with the Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material except as explicitly permitted, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate any person, including us or any of our employees, another user, or any other person (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or any users or expose them to liability.

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any users use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

Responsibility Of Our Users

We may permit users to post, upload, transmit, or otherwise make available through the Website (collectively, “submit”) content, including messages, text, comments, images, graphics, photos, illustrations, videos, information, files, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in and to your User Content. We do not guarantee the confidentiality or protection of any User Content submitted to the Website. It is your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. We have the right, but not the obligation, to monitor User Content, and we may, in our sole discretion and for any reason whatsoever, edit, refuse to post, remove, or disable access to, any User Content.

You are responsible for any User Content that you submit. You must ensure that such User Content is safe, complies with all applicable laws and the Terms, and does not violate the rights of any third party. You agree that you will not submit any User Content that:

• Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity.

• Is threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law.

• Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

• Contains instructions or advice that could cause harm or injury.

• Is false or misleading or gives the impression that it emanates from or is endorsed by us or any other person if that is not the case.

• Represent and warrant that you own or have sufficient rights in such User Content to grant the rights and licenses granted by you in the Terms and that such User Content complies with the Terms.

Valid and Credible Data Posted by User

The content and information presented on or through the Website is made available solely for general informational purposes and to facilitate the interactive services offered through the Website. While we may take efforts to provide reliable and up to date information through the Website, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility for any loss or damage resulting from such reliance.

Furthermore, while we take certain measures intended to assist users in avoiding potentially fraudulent or other illegal activity, including using third-party identity verification services to help ensure the identity of users before allowing them to use certain interactive features of the Website (such as requesting credit reports or eviction orders, etc..), we cannot and do not guarantee the effectiveness of these measures or the accuracy of the identity of any user, even if we have indicated that such user’s identity has been verified. You assume the risk of transacting business with any other user or third-party through the Website and understand that an indication that a user’s identity has been verified means only that the user has provided sufficient information to satisfy the identity verification process of our third party identity verification vendors and that it is not a guarantee of the identity of such person.

The Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content clearly provided by us, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect our opinion. We are not responsible, or liable to you, for the content or accuracy of any materials provided by any third party. By using the interactive services, you specifically acknowledge and agree that any information submitted by you or obtained by us or such third parties in connection with your use of these services, including, but not limited to, your name, address, phone number, credit history, including credit report and/or score, rental history, and employment history/verification, may be provided to us or by us to third parties (including but not limited to potential lessors, credit reporting services, third-party vendors, advertisers, and service providers, or other third parties). YOU ARE PROVIDING EXPRESS PERMISSION FOR US TO COLLECT ALL SUCH INFORMATION AND TO PROVIDE IT TO THIRD PARTIES IN ACCORDANCE WITH OUR PRIVACY POLICY.

Financial Information

Stripe, Inc. (“Stripe”) to make connections to your bank account. By using the Website, you grant us, and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution, and you agree to your personal and financial information being transferred, stored, and processed with our privacy policy and the privacy policy of Stripe Inc.

Credit Reporting and or Background Checks or Criminal History / Evictions Information Used

We allow landlords to request a credit report and/or a background check report on prospective tenants through the Website. When a landlord makes such a request, they will give the prospective tenant the notice and this notice without objection is an agreement by the prospective tenant to pull his or her credit report and/or background check report and may be shared by the requesting landlord. To provide this service, we may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party credit reporting agency for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except on a temporary basis) or use for any other purpose.

TransUnion Rental Screening Solutions: Attention: Consumer Disputes

PO Box 800

Woodlyn, PA 19094

Email: mailto:TURSSDispute@transunion.com

Phone: 1-833-458-6338

When opting into Rent Reporting in the tenant portal, you authorize Tenant Check to pull report TransUnion and Experian credit reporting agencies. The renter may be charged a subscription fee based on the landlord’s current subscription package. To provide rent reporting, we may ask for your Social Security Number and other personally identifying information which we will share with our third-party credit reporting agency, TransUnion and/or Experian, for the purpose of verifying your identity. We will not store (except on a temporary basis) or use such personally identifying information for any other purpose. TurboTenant is not responsible for how TransUnion or Experian may manage or use the information provided to them. Tenant Check does not control how any reported information may positively or negatively impact your credit score. Tenant Check cannot guarantee or predict the nature and amount of any credit score change, if any. Tenant Check hereby disclaims any representations and warranties concerning the effect of Rent Reporting on your credit score and report. Subject to applicable law, including the Fair Credit Reporting Act, Tenant Check shall not be liable for the impact of any Rent Reporting on your credit score, and you agree to indemnify and hold TurboTenant harmless against any claims concerning the effect of Rent Reporting on your credit report. You may opt out of Rent Reporting at any time in the tenant portal.

• You represent that you are making such request, and will use such report, in compliance with applicable law and solely for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose, and that that you have never been involved in, and promise that you will not become involved in, any credit fraud or other unethical business practice, and that you will immediately notify us and discontinue all use of the Website and any reports and other information obtained via the Website if you are ever involved in any such fraud or practice.

• You must familiarize yourself with the Fair Credit Reporting Act (“FCRA”) and any applicable state laws governing the use of consumer reports and comply with the FCRA and all such state laws.

• To the extent you rely in any way on the content of a report in taking an adverse action against an applicant (such as denying an application or requiring a co-signer or higher deposit), you may be required to furnish the applicant with an adverse action notice as required by the FCRA and applicable state law, even if the content of the report played only a small role in your decision.

Plans / Subscriptions

The following terms, in addition to all other terms, conditions, and requirements of these Terms, apply to your use and access of the Tenant Check Premium Plan Services:

Tenant Check offers a subscription-based service that includes access to certain applications. See yours under our plan / packages subscriptions.

A. Phone and Email Support. To answer questions and provide support concerning Tenant Checks services. Tenant Check reserves the right to restrict access to the Support Services if your use of the Support Services is excessive, abusive, or otherwise impacts or restricts Tenant Check's ability to provide effective Support Services to its other customers, as determined in Tenant Check's sole discretion. TurboTenant reserves the right to modify, update and/or enhance the Premium Plan Services and/or make access to and use of any information available through the Premium Plan Services subject to additional terms or conditions applied to different subscribers of the Premium Plan Services for any reason at any time with notice to you of any such changes or additional terms.

Subscription Term. When you subscribe to the Plan Services, you agree to pay the Subscription Fee (as defined below) in exchange for access to the Plan Services for the time period specified at the time of purchase which will be noted in your account settings, or for the time period specified in your account renewal settings, if applicable (collectively, the “Subscription Term”). Except as otherwise provided in these Terms, the Subscription Term continues for the full duration specified in the applicable sign-up page or renewal settings. The Subscription Term shall automatically renew, including with any applicable Subscription Fees, as specified in the renewal settings in your account, for one (1) additional year and will automatically renew thereafter every year at the end of the time period unless you cancel the Subscription as defined in the Cancellation Policy outlined below. You may receive a subscription renewal reminder 30 days before your Premium Plan Service automatically renews. You may cancel the renewal of your subscription at any time through the settings in your account or by the methods described below, and your subscription to the Plan Services will continue until the termination of the then in effect Subscription Term, without renewal.

Subscription Fees; Refunds. In consideration for the rights to access and use the Plan Services during the applicable Subscription Term you agree to pay to Tenant Check the fees in the amounts and in the frequency as specified when you sign-up for or renew for the then in effect Subscription Term (the “Subscription Fee”). Subscription Fees are due and payable upon sign-up or renewal of the applicable Subscription Term. All Subscription Fees are non-refundable. TurboTenant reserves the right to change or adjust the pricing, structure, duration, and other components of the subscription length and pricing offered for the Premium Plan Services for any reason and at any time and any change terms will be outlined in your renewal reminder. Except as otherwise provided herein, any such changes shall be effective upon the renewal or conclusion of your then fully paid for and in effect Subscription Term.

Service Account. Each Plan Services account will be linked to a single email address and password. You agree not to (a) make the Premium Plan Services available to any third party or unauthorized users, (b) sell, resell, rent, or lease the Premium Plan Services, (c) interfere with or disrupt the integrity or performance of the Premium Plan Services, third-party integrations, or third-party data contained therein, or (d) attempt to or, help any third-party attempt to, gain unauthorized access to the Premium Plan Services, third-party integrations, or their related systems or networks.

Cancellation Policy. Should you wish to cancel your Premium Plan Services, you may cancel through any of the following methods:

1. You can find the cancel option by logging into your account, clicking Account, then Settings, then Billing, and then “CANCEL SUBSCRIPTION” under the Premium Plan section. This will cancel your renewal immediately. This Link will navigate you to the right section as well; or
2. Fill out this automated form accessed through This Link. Cancellations through this method will take up to 7 days to process after submitting the form.

NEITHER "TENANT CHECK AND RATE" or BOSS DEVELOPMENT STRATEGIES LLC or ANY PERSON ASSOCIATED WITH "TENANT CHECK AND RATE" or BOSS DEVELOPMENT STRATEGIES LLC OR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER "TENANT CHECK AND RATE" or BOSS DEVELOPMENT STRATEGIES LLC or ANY PERSON ASSOCIATED WITH "TENANT CHECK AND RATE" or BOSS DEVELOPMENT STRATEGIES LLC REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT SHALL TENANT CHECK or BOSS DEVELOPMENT , ITS LICENSORS, PROS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR SERVICES, OR FOR ANY LOSS, CORRUPTION, OR THEFT OF DATA ENTERED INTO THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LULA OR ITS AFFILIATES OR PROS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR DIRECT DAMAGES IN AMOUNTS THAT EXCEED TEN THOUSAND DOLLARS IN THE AGGREGATE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TENANT CHECK OR BOSS DEVELOPMENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual Property Rights

Our Website and all of its content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as expressly authorized in the Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own record keeping and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• To the extent we provide social media features including, but not exclusively, links with Facebook, Twitter, YouTube, or LinkedIn, you may take such actions as are enabled by such features consistent with their terms of use.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

• Copy any substantial portions of information or materials from the Website.

• Distribute, resell, or publish any information or materials from the Website.

Other Website Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including the privacy policies of such websites.

Website Enforcement

We may, but we are not required to, review material before it is posted on or submitted to the Website. However, we cannot ensure prompt removal of objectionable material after it has been posted or submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no duty or responsibility to monitor any User Content and shall have no liability for failure to monitor User Content.

We are based in the state of Texas in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limited Liability

IN NO EVENT WILL WE OR ANY OF OUR affiliates, licensors, VENDORS, OR service providers, OR ANY OF OURS OR their respective officers, directors, employees, contractors, agents, licensors, suppliers, OR successors and assigns (collectively, the “INDEMNIFIED Parties”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL INDEMNIFIED PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED BY US FROM YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Fair Housing Act

IF YOU ARE A LANDLORD OR ARE OTHERWISE SUBJECT TO THE FAIR HOUSING ACT, YOU ARE EXCLUSIVELY RESPONSIBLE FOR ADHERING TO THE FAIR HOUSING ACT (see https://www.justice.gov/crt/fair-housing-act-1) AS WELL AS ANY STATE OR LOCAL LAWS. WE ENCOURAGE YOU TO SEEK LEGAL COUNSEL REGARDING COMPLIANCE WITH SUCH LAWS. UNDER NO CIRCUMSTANCES SHALL WE PROVIDE GUIDANCE REGARDING COMPLIANCE OR OTHERWISE ASSUME LIABILITY FOR FAIR HOUSING ACT OR OTHER HOUSING LEGAL COMPLIANCE.