ATOMIC INNOVATION LLC

APPLICANT TERMS OF USE

Welcome to www.preapprovedrenter.com (together with any related applications or software), the “Website”), an online rental application service provided (the “Service”) provided by Atomic Innovation LLC (“Company”).

Company reserves the right to change these terms at any time, effective upon the posting of modified terms. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service and Website You acknowledge that You have read and understood this Agreement and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to this Agreement on behalf of any entity for whom You use the Service.

By accessing or otherwise using the Service and/or Website, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not access or otherwise use the Website or the Service

These Terms were last updated on April 28, 2017

1. DEFINITIONS

"Agreement" means these Terms of Use.

"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.

"Data" means any data inputted by You into the Website.

"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Service" means the online employee benefit services made available (as the same may be changed or updated from time to time by Company) via the Website.

"Website" means the website located at the domain www.preapprovedrenter.com or any other site or application operated by Company.

"You" means the applicable user of the Website and the Services. "Your" has a corresponding meaning.

2. USE OF SERVICE

Provided compliance with this Agreement, Company grants You the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. Given the nature of the Service and the Website, we cannot guarantee that the Service and/or Website will not be modified or that any functionalities will not be added, removed or altered at any time. By using this Service and/or the Website, you acknowledge and agree that (a) Company is not performing any background checks or providing any consumer reports itself and is simply providing a platform on which the applicants, consumer reporting agencies and applicable landlord/broker/property manager can interact with each other, (b) Company is not making any decisions with regards to your application, has no role in the process other than to connect the applicable parties and provide information that has been provided by other third parties and is not responsible for ensuring proper authorization, consent or adverse action letters, (c) the applicable third parties (the consumer reporting agency in the case of providing information or the applicable landlord/broker/property manager in the case of reviewing, approving or rejecting any application) are solely responsible for the services they provide and (d) that Company shall not be responsible in any way for any third party’s failure to properly provide services or comply with applicable law.

3. YOUR OBLIGATIONS

Payment obligations:

You agree that Company and/or its customers (as applicable) may charge you for Services at the prices set forth on the Website. Company may turn any uncollected amounts over to an outside collection agency. Subscriber is aware that Company may possibly change the site fees on occasion.

General obligations:

You must only use the Service and Website for Your own lawful purposes, in accordance with this Agreement and any notice sent by Company or condition posted on the Website.

Access conditions:

You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Company of any unauthorized use of Your passwords or any other breach of security.

When accessing and using the Services, You must:

  • not attempt to undermine the security or integrity of Company's computing systems or networks or, where the Service are hosted by a third party, that third party's computing systems and networks; 
  • not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other user to use the Service or Website;
  • not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Service and Website are hosted;
  • not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
  • not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.

Indemnity:

You will indemnify, defend and hold harmless Company against all claims, costs, damage and loss arising from Your breach of any of this Agreement or any obligation You may have to Company.

5. INTELLECTUAL PROPERTY

General:

Company retains all right, title and interest in and to the Service and Website, including all Intellectual Property Rights associated therewith. Company does not grant to You any license, by implication or otherwise, to use or copy the Service and Website or any subsequent version of the Service and Website, or any license rights in any patent, copyright or other Intellectual Property Rights owned by or licensed to Company.

Ownership of Data:

You grant Company a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Service and for any other purpose related to provision of services to You, other users or our customers.

6. WARRANTIES AND ACKNOWLEDGEMENTS

THE SERVICE AND WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER WITH RESPECT TO THEIR FUNCTIONALITY, OPERABILITY OR USE, AND COMPANY DOES NOT WARRANT THAT THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED OR THAT THE SERVICE AND WEBSITE ARE ERROR-FREE. THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THE SERVICE OR WEBSITE WITH YOU. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL COMPANY OR ANY OTHER PARTY WHICH HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE OR WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF DATA), REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH THE LIABILITY MAY BE ASSERTED, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WITHOUT, ANYWAY LIMITING OR MODIFYING ANY OF THE FOREGOING, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF COMPANY SERVICES OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

7. ACKNOWLEDGMENTS

You acknowledge and agree that:

  • Company has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.
  • The provision of, access to, and use of, the Service is on an "as is" basis and at Your own risk.
  • It is Your sole responsibility to determine that the Service meet the needs of Your business and are suitable for the purposes for which they are used.
  • You remain solely responsible for complying with all applicable laws.
  • If you are entering sensitive personal data including but not limited to social security numbers, dates of birth, names and address information into the Company web-application please understand you do so at your own risk. Although Company takes security very seriously and has safeguards in place, we do not guarantee the security or backup of this or any other data entered into our web-application. We recommend that you obtain an informed consent form from any person whose sensitive data they will be inputting into the Website.

8. TERMINATION

Company reserves the right to cancel the account of any customer if, in the judgment of Company, the subscriber's account is the source or target of a violation of any of the other terms of service or for any other reason which Company sees fit in it and our other users’ best interest. Company reserves the right to terminate service without notice for continued and repeated violations of the terms of service. Prior notification to the Customer is not assured.

10. SUPPORT

 While we will use commercially reasonable efforts to assist You, we cannot guarantee any specific level of customer support. If You have technical questions, please contact us at support@preapprovedrenter.com

11. GENERAL

If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. No waiver of any right under this Agreement shall be effective unless given in writing by an authorized representative of Company. No waiver by Company of any right shall be deemed to be a waiver of any other right of Company arising under this Agreement. This Agreement shall be governed and construed in all respects by the laws of the State of New York, without giving effect to principles of conflict of laws. This Agreement is the complete and exclusive statement of the agreement between parties regarding the subject matter hereof, and it supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter hereof. You acknowledge that, in providing You access to and use of the Service and Website, Company has relied on Your agreement to be bound by the terms of this Agreement.