Terms of Use

THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE,” GOVERN YOUR USE OF THIS WEBSITE AND ANY SERVICES DESCRIBED HEREIN, INCLUDING THE PAYMENT PORTAL OR YOUR REQUEST TO RECEIVE A RENT RISK REPORT FROM RENT RISK (COLLECTIVELY, “SERVICES”), WHICH ARE PROVIDED AND MADE AVAILABLE BY RENT RISK LLC D/B/A RENT RISK ON COMMAND, A VIRGINIA LIMITED LIABILITY COMPANY (“RENT RISK”) ARE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS OF USE IS A CONDITION TO YOUR USE OF THIS WEBSITE AND SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS WEBISTE AND ANY ASSOCIATED SERVICES. PLEASE ALSO CONSULT OUR PRIVACY POLICY HTTPS://RENTRISK.COM/PRIVACY-POLICY/ FOR A DESCRIPTION OF OUR PRIVACY PRACTICES AND POLICIES. YOUR USE OF THIS WEBSITE, INCLUDING PROVIDING YOUR PERSONAL INFORMATION TO RENT RISK CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE.

YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS OF USE, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. AS USED HEREIN, THE TERMS “YOU,” “YOUR,”AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE.

1. Permitted Use

You agree that:

•  Your use of this website (the “Website”) is subject to and governed by these Terms of Use.
• You will only access or use this Website and transact business with us if you are at least 18 years old.
• You will comply with and be bound by these Terms of Use as they appear on this Website each time you access and use this Website.
• Each use of this Website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use.
• These Terms of Use are a legally binding agreement between you and Rent Risk that will be enforceable against you.

You agree that you will not use or attempt to use this Website for any purpose other than for purposes related to Services with Rent Risk as a bona fide user of Services provided by Rent Risk; you may not use or attempt to use this Website or any part of this site for any other purpose.

By using this Website and its content, including any information, reports, images, products, services, and/or data provided or accessible in connection with the Website, you agree to be bound by these Terms of Use. These Terms of Use contain an agreement to arbitrate all Claims (see section 16), disclaimers of warranties (see section 13), limitations of liability (see section 13), and for tenants and prospective tenants, consent to (i) obtain a credit report (see section 5(b) ) and (ii) enter transactions electronically (see section 23).

These provisions are an integral part of our agreement. Please read these Terms of Use carefully.

1. Acceptance of Terms through Use of Website and/or Services.

These Terms of Use also apply to any updates, enhancements, new features, and new products relating to the Services which are provided to you or accessible by you through the Website. By using the Services, you represent and warrant to Rent Risk that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and in connection with the Website, and that you agree to follow all applicable laws and regulations.

2. Changes in Terms of Use.

Rent Risk may modify these Terms of Use from time to time by (a) posting modified Terms of Use on or accessible through the Website, or (b) otherwise notifying you of any such modifications. Your continued use of the Services after notification will constitute your agreement to such modifications. At the time of any material modifications, Rent Risk will change the date “Last Updated” on the Website. You agree to review these Terms of Use from time to time so that you are apprised of any changes.

3. Registration with Rent Risk.

By registering with Rent Risk through this Website, or using any of the Services, you understand, acknowledge, and agree that you have established a business relationship between you and Rent Risk. YOU AGREE THAT RENT RISK MAY CONTACT YOU BY TELEPHONE AT THE NUMBER(S) YOU PROVIDE OR BY EMAIL OR MAIL AT THE ADDRESS YOU PROVIDE REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH RENT RISK EVEN IF YOUR TELEPHONE NUMBER OR EMAIL IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST; YOU FURTHER AGREE THAT ANY SUCH TELEPHONE CONTACT MAY BE MADE BY CALLS OR TEXTS USING, AMONG OTHER THINGS, AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AN ARTIFICIAL OR PRE-RECORDED MESSAGE AND THAT YOU UNDERSTAND THAT MESSAGE AND DATA RATES MAY APPLY. YOU AGREE THAT TO WITHDRAW YOUR CONSENT TO THESE COMMUNICATIONS, YOU MUST NOTIFY RENT RISK AT [include method for opting out].

Rent Risk may refuse to allow any user from registering or using Services for any reason at its sole discretion. You agree to supply accurate and complete information when creating your account and when using the Services. You agree that you will:

• Not insert false, fraudulent, indecent, or obscene information as part of your registration.
• Provide accurate and complete information, and that your registration and usage of Services will comply with all applicable state and federal laws, as well as the Terms of Use.
• Not share your account or login information with any third-party or let any third-party access your account and that you are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you.
• Immediately notify us of any unauthorized use of your account.

You further agree that:

• Rent Risk may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms of Use.
• Rent Risk will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold Rent Risk harmless for any improper or illegal use of the Services, and any charges and taxes incurred.
• To the extent you purchase any products and/or Services on or through the Services, you agree to pay for all such products and Services.
• If you provide credit card or other authorized payment method information, you authorize charges to be made against such credit card or other authorized payment method.
• Rent Risk, in providing Services to you, may use third-party service providers and business partners, which may include software, information, data or other services, as is necessary for the provision of Services, subject to terms and conditions of our Privacy Policy.

4. Scope of Services.

• Payment Portal
  • Rent Risk provides services directly to the owners and managers (collectively, “Landlord”) of the property where you reside. One such service is the Payment Portal (the “Portal”), which enables Landlords’ respective residents to access various services provided by Landlord, including the ability for you to make online payments of your rent and other charges to Landlord (“Payment Processing”). Landlord has decided to make the Portal available to you. Please note, however, that Rent Risk does not provide residential or payment services to you, nor does the Portal process payments— rather, the Portal merely allows you to access, among other things, the Payment Processing center contracted for service by Landlord. All questions related to the residential or payment services provided via the Portal should be directed to Landlord.
• Background Screening
  • In addition to the Portal provided to Landlords, which may be accessed by you, Rent Risk provides background screening services (the “Screening Service”). Your participation in the Screening Service is subject to your acceptance of these terms of use. As part of the Screening Service, a consumer (“Report Subject”) may request a “Report Service,” which includes access to a copy of that Report Subject’s eviction and criminal information (collectively “Background Screening Report”) and may authorize Rent Risk to provide the Background Screening Report to a Landlord (for purposes of Screening Service, “End User”) collectively “Report Service”. Additional services may be included in the Screening Service or Report Service (each referred to herein as a “Service”) in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. Both Report Subject and End User, if any, agree to the applicable Terms of Use set forth herein.

5. Your Use of the Services.

• By all Users
  • The Services may be accessed from various locations around the USA and the world and may contain references to products or Services that are not available where you are located or reside. These references do not imply that Rent Risk currently offers or intends to offer such products or Services in your jurisdiction.
  • You may not use, export, or re-export the Services in violation of U.S. law or the laws of any other country or jurisdiction. Specifically, and without limiting the foregoing, the Services may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. By registering and each time you use the Services, you are representing and warranting that you are not on any such list or located in any such country and that you will not use the Services for any purposes prohibited by U.S. or other applicable law.
  • You may not use any robot, spider, web crawler, deep linking, or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce, or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or any portion of the Services. You may not attempt to gain unauthorized access to any portion of the Services by any means. You agree that you will not attempt to modify, adapt, reverse engineer, decompile, translate, or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs, or algorithms associated with the Services. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services, including the Website.
  • Rent Risk reserves the right, in its sole discretion, to, at any time, terminate your access to any part or portion of the Services with or without notice. You agree that Rent Risk, or its representatives, may investigate complaints, allegations of abuse, infringement of third-party rights, or any other unauthorized uses of or complaints regarding the Services. Rent Risk will not disclose such an investigation unless required to do so by law. Rent Risk will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
• By Tenants (or Prospective Tenants) (each, a “Tenant”) for Residential Properties
  • You agree to use the Services solely for your personal use for tenant screening purposes. By using the Services, you represent and warrant to us and to any other person or entity with whom you authorize us to share your information, that you are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the “USA”), and that by clicking on the “I Agree” button presented at the time you order Services, that you are providing your “written instructions” to Rent Risk under the Fair Credit Reporting Act authorizing Rent Risk to obtain information from your personal credit report or other information from Experian. You authorize Rent Risk to obtain such information solely for tenant screening purposes.
  • For Tenants with a California Mailing Address:
  • In processing your request to provide a consumer report on your behalf, you may request a consumer credit report about yourself to be so transmitted.
  • Rent Risk is the consumer reporting agency that will prepare or assemble the reports for you. The address and phone number for Rent Risk are as follows:
  • RentRisk LLC
  • 8350 W. Main St
  • Marshall, VA 20115
  • 540-364-8271
  • The consumer report may contain information bearing on your credit worthiness, credit standing, credit capacity, and may be used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing your eligibility for credit. The types of information that may be obtained include but are not limited to: social security number verifications; address history; credit reports and history; and credit standing.
  • You may request more information about the nature and scope of the consumer report by contacting Rent Risk.
• By Landlords (or Prospective Landlords) of Residential Properties
  • You understand, acknowledge, and agree that the Services are provided at the direction of the tenant or prospective tenant (each, a “Consumer”) and Rent Risk has no obligation to you other than providing the Services at the direction of the Consumer. You represent and warrant that your permissible use of any Rent Risk consumer report that you receive is in accordance with the consumer’s written consent to provide you with such information pursuant to the Fair Credit Reporting Act. You acknowledge, that you have received, read, and understand the “Notice to Users of Consumer Reports: Obligations Under the FCRA” available at https://www.consumerfinance.gov/rules-policy/regulations/1022/n/ and that you will comply with all requirements under the Fair Credit Reporting Act and applicable state laws in using the Services and only as authorized in compliance with applicable law. You agree that you are solely responsible for your own regulatory compliance.

6. Authorized Use of Services.

Rent Risk grants you a fully revocable, non-exclusive, non-transferrable license to use the Services, and view and print documents or information obtained on the Website, for authorized uses, subject to the following additional terms and conditions:

• The documents or information may be used by you solely for informational purposes and, except for Consumers requesting distribution to current or prospective Landlord for tenant screening purposes, will not be resold, distributed, otherwise provided, or transferred, in whole or in party, to any other person or entity.
• With respect to the Screening Service and Report Service, you will not charge any fee to any person in connection with such services and information obtained by you through such services.
• The Services or information obtained through the Services will not be modified by you in any way.
• You will not use the Services to sell a product or service or to increase traffic to a website for commercial reasons. You will not modify, use as a basis for a derivative work, reformat, mirror, copy, reproduce, distribute, publish, market, transfer, perform, download, display, post, translate, transmit, or otherwise use any elements of the Services, including without limitation any portion of the Website or content obtained through it, except as expressly authorized in these Terms of Use.
• All copyright or other proprietary notices that appear in connection with the Services, including on the Website, or the materials downloaded or printed from the Website pursuant to these Terms of Use, will not be removed.
• Rent Risk reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the Services or information will immediately discontinue any use of the Services or information upon notice of such revocation. Landlords are responsible for ensuring that all persons who use the Services through Landlord’s account, device, and/or internet connection are aware of these Terms of Use and that they comply with them.
• Persons under the age of 18 are not authorized to use the Services. The license granted by Rent Risk to use the Services does not include the right to copy or distribute any portion of the Services, such as layout or design of the website, or logos, graphics, sounds, or images. Elements of the Services, including the website, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.

7. Possible Disruption of Service.

Rent Risk does not guarantee that our Services, or any content contained within or accessible through Services, will be always available or will be available uninterrupted. Access to the Services may from time to time be unavailable, delayed, or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of Rent Risk. Rent Risk is not liable to you if, for any reason, the Services are unavailable at any time or for any period.

8. Intellectual Property Notices.

You agree that the Services contain proprietary information belonging to Rent Risk and its licensors, and that they may be further protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. All images, text, custom graphics, the collection and compilation and assembly, and the overall “look and feel” and distinctiveness of the Services constitute trade dress and the property of Rent Risk. The absence of a notice relating to a Rent Risk product or service name, slogan, or logo does not constitute a waiver of Rent Risk’s trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols on or in the Services may be the trademarks and the property of their respective owners. Except as expressly authorized by Rent Risk in these Terms of Use, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, or products, or attempt to copy, further develop, decompile, reverse engineer, disassemble, or derive the source code of the Services, or any updates or part thereof. Any attempt to do any of the foregoing is a violation of Rent Risk’s rights and the rights of its licensors. If you breach this restriction, you may be subject to prosecution and damages. In addition, you agree that any derivative works, improvements, inventions, or works developed by you based upon or relating to the Services involving a breach of these Terms of Use shall be owned by Rent Risk, and you hereby assign and agree to assign to Rent Risk such derivative works, improvements, inventions or works.

As noted in these Terms of Use, you may print or download information from the Services for your own use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information, services, or products from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Rent Risk is prohibited. In addition, use of the Services for any purpose not expressly permitted in these Terms of Use is prohibited. For information on requesting such permission, please contact Rent Risk at 8350 W Main St, Suite B, Marshall, VA 20115.

9. Feedback.

All comments, feedback, information, and materials submitted to Rent Risk regarding or through the Services (“Feedback”) will be considered the property of Rent Risk. Except as may be required by law, Feedback will not be kept confidential by Rent Risk. By providing Feedback to Rent Risk, you grant Rent Risk, at no charge, a royalty free, perpetual, irrevocable, non-exclusive worldwide right and license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, publicly display, and perform your Feedback, including without limitation, metadata associated with any part of the Feedback, in any media now known or later developed; and to make, sell, offer for sale, import, and otherwise transfer your Feedback, subject to no confidentiality obligations regarding Feedback except as set forth by applicable law or in the Privacy Policy. You represent and warrant that you are responsible for the Feedback that you provide, that you have all rights and permission to provide and assign to Rent Risk the Feedback, and that you, not Rent Risk, have full responsibility for the Feedback, including their legality, reliability, appropriateness, originality, and copyright.

10. Copyright Infringement.

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if Rent Risk is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity.

11. Links to Other Websites.

The Services may include links to other websites, content, or services beyond the control of Rent Risk. Rent Risk provides these links solely for your convenience. Some of these websites, content, or services may be co-branded (i.e., bear the name and/or logo of both a third-party service provider and Rent Risk). The provision of any link to another service, provider (even if co-branded) does not signify an endorsement by Rent Risk of the service provider’s website or the services offered by that service provider. Rent Risk has no control over, does not review, and will not be responsible for the information contained on other websites or provided by third parties. Rent Risk does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services. Rent Risk is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties. Your use of such third-party websites, content, or services will be subject to terms and conditions of that third party. BY USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE THAT RENT RISK WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF YOUR USE OF SUCH LINKS OR A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.

12. Disclaimers.

THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE ADVICE IN ANY FORM, INCLUDING, BUT NOT LIMITED TO COMMERCIAL, FINANCIAL, INVESTMENT, OR LEGAL ADVICE.

The materials, information, products, and services included in or available through the Services, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the website, are provided “as is” and “as available.” Rent Risk disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither Rent Risk nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. Rent Risk disclaims any representation or warranty that the Services or any product or service offered through the Website and/or the Services will be available at any particular time or from any particular location or that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Website and/or the Services is solely at your risk.

RENT RISK MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU, CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD PARTY CONTENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO CEASE USE OF THE WEBSITE AND/OR THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. RENT RISK DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE OR THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION, OR ADVICE GIVEN BY RENT RISK OR ANY REPRESENTATIVE OF RENT RISK, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction. This section shall survive termination of your access to or use of the Services.

13. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT RENT RISK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE RENT RISK SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE SERVICES HAVE BEEN MADE AVAILABLE TO YOU IN RELIANCE UPON THESE TERMS OF USE, AND IN PARTICULAR THE DISCLAIMERS AND LIMITATIONS OF LIABILITY.

This section shall survive termination of your access to or use of the Services.

14. Indemnification of Rent Risk.

You agree that you will not use the Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend and hold harmless Rent Risk, its affiliates, successors, assigns, licensees and any of their officers, directors, employees, agents, subcontractors, licensors and suppliers, from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to your violation of these Terms of Use, and/or the use of the Services by you or anyone using your account, password, login information, computer, or mobile device. You are solely responsible for defending any claim, subject to the Rent Risk’s right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of Rent Risk without prior written consent of Rent Risk. If you violate any provision of this section of the Terms of Use, Rent Risk may terminate your access to the Services without notice, and you will have indemnity obligations to Rent Risk and other third parties entitled to indemnification as a result of your violation of these Terms of Use. This section shall survive termination of your access to or use of the Services.

15. Rent Risk’s Reservation of Rights.

Any rights not expressly granted in these Terms of Use are reserved by Rent Risk. Rent Risk reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. This section shall survive termination of your access to or use of the Services.

16. Dispute Resolution.

You agree that your use of the Website and the Services constitutes a transaction in interstate commerce and that any claim or controversy arising out of or relating to the use of this website or to any acts or omissions for which you may contend Rent Risk is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et. seq. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.

YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR.

The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to Rent Risk. To begin the arbitration process, a party must make a written demand.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees. This section 16, in its entirety, shall survive termination of your access to or use of the Services.

Additional Conditions of Arbitration between Rent Risk and Tenants

The arbitration will be conducted in the forum mutually agreed to by the parties. In any arbitration with a Tenant, Rent Risk will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party.

Additional Conditions of Arbitration between Rent Risk and Landlords

The arbitration will be conducted in either Arlington County or Fairfax County, Virginia. In any arbitration with a Landlord, the demanding party will pay the filing fee, with the remaining costs of arbitration paid by the non-prevailing party. Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Arlington County or Fairfax County, Virginia.

17. Severability and Integration.

Unless otherwise specified in these Terms of Use, the Website, or the Services, these Terms of Use constitute the entire agreement between you and Rent Risk with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Rent Risk with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect. Additional terms may be agreed upon by you and Rent Risk with respect to content available via the Services.

18. Governing Law.

You agree that all matters relating to your access to, or use of, the Services, and all matters relating to these Terms of Use, including statutes of limitation, are governed by the laws of the State of Virginia, except that the ARBITRATION PROVISION will be governed by the Federal Arbitration Act. Any dispute arising out of this Agreement will be subject to the ARBITRATION PROVISION.

19. Assignment.

Rent Risk may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Service.

20. Non-Waiver.

Rent Risk’s failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. No single or partial exercise of right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

21. Other Agreements.

In the event you enter into an agreement with Rent Risk that contains product specific terms, such agreement will apply. If there is a conflict between these Terms of Use and the terms applicable for a particular product or service, or portion of the Services, the terms for such particular product, service, or portion of the Services, as the case may be, shall control with respect to your use of such product, service or portion of Services.

22. Questions, Comments, and Contact Information.

All notices to Rent Risk relating to these Terms of Use shall be in writing and sent to the following:

Rent Risk

Attn: Legal Department

8350 W Main Suite B

Marshall, VA 20115

Notices from Rent Risk shall be deemed given to you when notice is posted on the Website or otherwise provided in connection with the Services, or when the e-mail is sent, unless Rent Risk is notified that the e-mail address is invalid. Notices to Rent Risk shall be deemed given by you when notice is received at the address provided above.

23. Electronic Consent for Tenants.

By using this Website, you are AFFIRMATIVELY CONSENTING TO ENTER TRANSACTIONS ELECTRONICALLY AND RECEIVE DISCLOSURES, DOCUMENTS, AND NOTICES ELECTRONICALLY (COLLECTIVELY, THE “DISCLOSURES”). You understand, acknowledge, and agree as follows:

Method of Withdrawing Consent: If you no longer wish to receive electronic delivery of Disclosures, you may withdraw your consent by emailing [email protected]; there is no fee to withdraw my consent. You may also, at any time, request a paper copy of any written disclosures by emailing [email protected]; there will not be a charge for such copy.

Scope of Consent: This consent will pertain to Disclosures provided to you by Rent Risk during the course of your relationship with Rent Risk. Rent Risk may always, at its sole discretion, provide you with any communication in writing at the physical address Rent Risk has on file for my account, even if you have chosen to receive it electronically.

Hardware and Software Requirements and Ability to Access Disclosures: To receive and retain electronic documents, you understand that you must have the following:

• A personal computer capable of accessing the internet. Your access to this page verifies that your system/device meets these requirements.

If Rent Risk’s hardware or software requirements change, and that change creates a material risk that you would not be able to access or retain future electronic records from Rent Risk, Rent Risk will give you notice of the revised hardware or software requirements by emailing you at the address Rent Risk has on file. You further understand, acknowledge, and agree that by continuing to access the Website electronically after Rent Risk has sent notice of a change in requirements, such continued use reaffirms your consent to the receipt of electronic records and Disclosures described in this provision.