EFFECTIVE DATE: 2 JULY 2020
LAST UPDATED: 2 JULY 2020
Landlords and Housing Providers
Landlords and Housing Providers who choose to report tenant information to the major credit bureaus via Esusu will enter into a direct contractual agreement with Esusu. Terms of Service will be outlined in the contract document.
We are happy to have a one-on-one conversation with interested Landlords and Housing Providers to discuss our terms and conditions further. Please use our Housing Provider Interest Form to provide us with preliminary information before we schedule a call.
Esusu Rent Mobile App
Acceptance of Terms
Esusu provides a mobile app, process and service (the “Service”) that allows users to monitor their monthly rental payments and the potential impact that these payments may have on their VantageScore credit score as provided by Equifax.
Please be aware that the arbitration agreement section of this agreement, below, contains provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. (1) You will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Any dispute or claim relating in any way to your use of the service will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this agreement.
You understand that Esusu has no control over the conduct of users of the service, any information exchanged between users, or any sharing decisions by or among users, and disclaims all liability in this regard.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the Supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. Any applicable Supplemental Terms are also referred to herein as the "Terms."
How To Join The Service
The Service consists of an online platform, process and service (the “Service”) that allows users to monitor their monthly rental payments and the potential impact that these payments may have on their VantageScore credit score as provided by Equifax.
To become a User and access the Service, you must successfully complete the online registration process within our mobile app. Successful registration requires authenticating your identity. We may use information from third-party sources, including your mobile carrier, to verify your identity.
Users are able to access the Service free of charge, provided their Landlord or Housing Provider has entered into a written service agreement directly with Esusu.
Optional Geo-Location Services
In connection with the Services, Esusu may offer a geolocation-based functionality, and you will have the choice to opt into geolocation services so that Esusu may provide more relevant additional services to you based on your current location. By opting into such geolocation services, you consent to the collection, use, sharing and transfer of your geolocation data with Esusu and third-party service providers of Esusu who help facilitate such services.
Customer Permission for Text Messaging/Alerts, Push Notifications and E-Mail
You grant Esusu express written consent to receiving autodialed and prerecorded message calls, text messages or push notification alerts from Esusu, or those third-party service providers acting on Esusu's behalf, at any mobile telephone number you provide to Esusu, regardless of your registration of your mobile device number on any state or federal "do not call" registry. Your express, written permission applies to messages and alerts regarding the Esusu Services. By providing your email address to Esusu, you agree that Esusu or those third-party service providers acting on Esusu's behalf, may e-mail account registration information, information with regard to the Services, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal "do not email" registry.
Eligibility; Account Information
The Service is intended solely for persons who are 18 or older and who are legally able to enter into a contract. By accessing or using the Service you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Esusu reserves the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will immediately notify Esusu of any unauthorized use of your User Account. Esusu assumes no responsibility for User Content, User account information, or for any User’s compliance with any applicable laws, rules and regulations.
User Affirmations, Conduct And Use
By submitting the User registration form, you represent, warrant and agree to the following:
- You are at least 18 years of age, are authorized to submit a User registration, and are authorized to sign your User registration form.
- You are solely and fully liable for all Content, conduct, postings and transmissions that are made under your user name and password.
- You either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Esusu the rights in such User Content, as contemplated under these Terms.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.
- Neither your User Content, nor your posting, uploading, publication, submission or transmittal of the User Content or Esusu’s use of the User Content (or any portion thereof) on, through or by means of the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other Service contained in the Service or Content.
- use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
- copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms.
- interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
- use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers.
- use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.
- "stalk" or harass any other User of the Service or collect or store any personally identifiable information about any other User other than for purposes of using the Service at intended.
- recruit or otherwise solicit any other User to join third party services or websites that are competitive to Esusu, without Esusu’s prior written approval.
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- use automated scripts to collect information or otherwise interact with the Service.
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- use, display, mirror or frame the Service, Esusu’s name, any Esusu trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without Esusu’s express written consent.
- access, tamper with, or use non-public areas of the Service, Esusu’s computer systems, or the technical delivery systems of the Service or any third-party provider system.
- attempt to probe, scan, or test the vulnerability of any Esusu system or network or breach any security or authentication measures.
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Esusu or any of Esusu’s providers or any other third party (including another user) to protect the Service or Collective Content.
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content.
- advocate, encourage, or assist any third party in doing any of the foregoing.
Esusu has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Esusu may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Esusu has no obligation to monitor your access to or use of the Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. In the event that Esusu pre-screens, refuses or removes any Content, you acknowledge that Esusu will do so for Esusu's benefit, not yours. Without limiting the foregoing, Esusu shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content.
Unless expressly agreed to by Esusu in writing elsewhere, Esusu has no obligation to store any of your Content that you submit or make available on Esusu Properties. Esusu has no responsibility or liability for the deletion or accuracy of any Content, including your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Esusu Properties. You agree that Esusu retains the right to create reasonable limits on Esusu's use and storage of the Content, including your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by Esusu in its sole discretion.
The Service Is Licensed and Not Sold
The Service, the App, the Site, Collective Content and the information and content available on the Site, in the App and Services (collectively "Esusu Properties") are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Esusu Properties, including all associated intellectual property rights, are the exclusive property of Esusu and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Esusu Properties. All trademarks, service marks, logos, trade names and any other proprietary designations of Esusu used herein are trademarks or registered trademarks of Esusu. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You understand that Esusu Properties are evolving. As a result, Esusu may require you to accept updates to Esusu Properties that you have installed on your computer or mobile device. You acknowledge and agree that Esusu may update Esusu Properties with or without notifying you. You may need to update third-party software from time to time in order to use Esusu Properties.
As a part of Esusu Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Esusu to monitor such materials and that you access these materials at your own risk.
Ownership of User Generated Data
For the purposes of the Services, by posting, transferring, sharing or sending User generated data in any manner, you understand that Esusu owns all such User generated data generated by you, your mobile device, and any other software or hardware utilized in the Services. You understand and acknowledge that Esusu’s ownership of such data is in exchange for the benefits and value you receive by participating in the Services.
License To The Service
Subject to your compliance with these Terms, Esusu grants you a limited, personal, non-exclusive, revocable, non-transferable license, to (i) use the Service solely for your personal and non-commercial purposes, and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
Subject to your compliance with the Terms, Esusu grants you a limited non-exclusive, non-transferrable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an" App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Esusu or its licensors, except for the licenses and rights expressly granted in these Terms.
License Grant To Esusu
By making available any User Content on or through the Service, you hereby grant to Esusu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such User Content on, through, or by means of the Service as currently exist or may be developed in the future.
The Service may contain links to third-party websites or resources. When you click on a link to a third-party website or resource, we will not warn you that you have left Esusu Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such third-party websites and resources are not under the control of Esusu. Esusu provides these third-party websites and resources only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or resources, or their products or services. You use the links in third party websites or resources at your own risk. When you leave our Site, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites and resources, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that Esusu is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Esusu of such websites or resources or the content, products, or Service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Service on or available from such websites or resources.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (" App Store"). You acknowledge that the Terms are between you and Esusu and not with the App Store. Esusu, not the App Store, is solely responsible for Esusu Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Esusu Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using Esusu Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Specific Consents Granted upon Submission of Your Registration Form
At the time that you submit your registration form to us to register for the Services and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to these Terms and Conditions):
I understand that by submitting this registration form I am authorizing Esusu, once it has obtained my personal information in its records along with the other information I am submitting through this registration form (collectively, the "Registration Profile"), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other customer's Registration Profiles. I understand that it is completely up to me to decide whether I would like to accept any of the offers I receive.
Third Party Offers
Esusu may match offers from third parties against your Registration Profile, in order to ensure that you receive offers that are tailored to you if you opt-in to receiving such offers. Esusu believes that customers who have demonstrated positive behavior through routine on-time rent payments should be able to reap the rewards of those efforts, including by receiving discounted and favorable pricing and rates on financial products and services. Esusu’s technology for matching your Registration Profile to the valuable offers for products and services provided by third parties is proprietary and, in carrying out such matching, Esusu may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in its sole discretion. Esusu does not guarantee that you will receive offers for any particular types of products or services.
Esusu may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, the User may be transferred to a website of the advertiser or receive other messages, information, or offers from the advertiser. Users acknowledge and agree that Esusu is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
When you click on an advertisement, we will not warn you that you have left Esusu Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such advertisements and associated websites are not under the control of Esusu. Esusu is not responsible for any advertisement or its associated website. Esusu provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the advertisements, or their products or services. You use all advertisement links at your own risk. When you leave our Site or App, our Terms and policies no longer govern.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Esusu's designated Copyright Agent to receive notifications of claimed infringement is:Esusu Financial, Inc., CUNY i-Hub - 215 West 125th Street, Room 410, New York, NY 10027, USA.
You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Submission that has been removed or to which access has been disabled and the location at which the User Submission appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the State of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent receives a counter-notice, Esusu may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Esusu's sole discretion.
Termination And User Account Deactivation
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Esusu Properties, unless terminated earlier in accordance with the Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your User account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Esusu terminates these Terms or your access to our Service, or deactivates or cancels your User account, you will remain liable for all amounts due hereunder.
You may cancel your User account at any time by contacting Esusu and closing your account for all of the Services that you use. Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or feedback.
If you choose to use the Service, you expressly understand and agree that to the extent permitted by applicable law, you do so at your sole risk. You acknowledge and agree that Esusu does not review, endorse, recommend, verify, evaluate, warrant or guarantee any statement, opinion, response, advice, prediction, recommendation, information or content (1) provided by any user, (2) downloaded from the Site or App, or (3) contain in any third-party website or advertisement.
You expressly understand and agree that to the extent permitted by applicable law, that the Esusu Properties are provided on an “as is” and “as available” basis, with all faults, and without warranty of any kind, either express or implied. Without limiting the foregoing, Esusu explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Esusu makes no warranty that the Service or collective content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Esusu makes no warranty regarding the quality of the Service or collective content, or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Service.
You are solely responsible for all of your communications and interactions with other users and with other persons with whom you interact or communicate with as a result of your use of the Service. You agree to take reasonable precautions in all communications and interactions with other users and with other persons with whom you communicate or interact as a result of your use of the Service. You acknowledge and agree to indemnify and hold Esusu harmless in connection with any claim and any damages or expenses arising from your use of the Service.
You acknowledge and agree that Esusu is not liable, and you agree not to seek to hold Esusu liable, for the conduct of third parties, including operators of external websites, and that the risk of economic damages from such third parties rests entirely with you.
Limitation Of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service and content remains with you. Neither Esusu or any other party involved in creating, producing or delivering the Service or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or service, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the service or collective content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Esusu has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Esusu’s aggregate liability arising out of or in connection with these terms and your use of the Service exceed the amounts you have paid to Esusu as Service fees in the twelve (12) month period prior to the event giving rise to the liability, or fifty dollars ($50) if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Esusu and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Esusu and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service, or Content; (b) your violation of these Terms; (c) your User Content; (d) your (i) interaction with any User, (ii) reliance on any information exchanged via the Service, or (iii) creation of an account; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that you or your Content caused damage to a third party. Esusu shall have the right to control all defense and settlement activities. This provision does not require you to indemnify any of the Esusu Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to Esusu Properties.
You may not assign or transfer these Terms, by operation of law or otherwise, without Esusu’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Esusu may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Esusu (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law And Jurisdiction
You agree that (i) the Service shall be deemed solely based in Delaware, and (ii) the Service shall be deemed a passive smartphone application that does not give rise to personal jurisdiction over Esusu, either specific or general, in jurisdictions other than Delaware. These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND ESUSU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR COLLECTIVE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
Accessing And Downloading The App From iTunes
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) the Terms are concluded between you and Esusu only, and not Apple, and (ii) Esusu, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Esusu and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Esusu.
- You and Esusu acknowledge that, as between Esusu and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Esusu acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Esusu and Apple, Esusu, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You and Esusu acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Compatible Mobile Device Operating System
In order to use the Service, you must have a compatible mobile device operating system that meets the specifications established by Esusu in its sole discretion. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer's or mobile service provider's software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. "jailbreaking"), is not a compatible device for purposes of these Terms and Conditions. The use of any modified mobile device with the Services is a violation of these Terms and Conditions and is grounds for the immediate termination of your Services in Esusu’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace (e.g., Apple, Inc., or Google, Inc. (Android)), and these Terms and Conditions do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider's own network. You agree to resolve any problems with your mobile service provider without involving Esusu; Apple, Inc.; Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third-party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services.)
These Terms are intended to govern the agreement between Esusu and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
Credit Reporting Services
You understand that by accepting these Terms and Conditions you are providing permission to Esusu to report your rental payments via the Service to credit reporting agencies ("CRAs").
Notwithstanding the above, any party may dispute any entry on a credit report provided by Esusu to a CRA. Please see the "Dispute of Credit Reporting Information by Customer" section, below.
Esusu is not responsible for how any CRA may manage or use the information provided to them by Esusu and you agree to hold Esusu harmless against any such claims, with all being subject to the "Dispute of Credit Reporting Information by Customer" section of these Terms and Conditions and the Fair Credit Reporting Act. See such CRA for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from Esusu to the CRA, that CRA will obtain an ownership interest in that data.
The delinquency of a payment owed by a User may negatively impact a User's credit score. Esusu shall not be liable for any claims, charges, demands, damages or adverse impacts on a User's credit score or credit history if a User ceases using Esusu’s services and does not complete a loan repayment or has default payments.
Dispute of Credit Reporting Information by Customer
Notice of Dispute
A User may dispute an entry on their credit report derived from information provided by Esusu to a credit reporting agency by notifying the agency directly, or by notifying Esusu either by mail or by other means available to the User. The User shall provide the following information as part of any dispute:
- Name of User
- A brief description of the disputed information
- Address of User or other means for Esusu to contact User with results of investigation
Investigation of Disputed Information
Upon receipt of a notice of dispute from a User, Esusu will, free of charge, conduct a reasonable investigation and make a determination of the status of the disputed information within fifteen (15) business days of receipt of the notice of dispute from the User. The investigation shall include, but is not limited to, all relevant information provided by the User. The determination shall be one of the following three options:
- The dispute is frivolous or irrelevant and the information originally provided is accurate;
- The disputed information is inaccurate; or
- More information is necessary to make a final determination regarding the disputed information.
Notification of Determination
Once a final determination has been made regarding the disputed information, Esusu will notify the User for that purpose, by other means available to Esusu and/or a third-party financial institution within five (5) business days of the determination regarding the disputed information.
If Esusu determines that the dispute is frivolous or irrelevant, Esusu shall notify the User by email or, if authorized by the User for that purpose, by other means available to Esusu. Said notice shall include:
- The reasons for the determination; and
- Identification of any information required to investigate the disputed information.
If Esusu determines that the disputed information is inaccurate, Esusu shall notify the User by email or, if authorized by the User for that purpose, by other means available to Esusu within five (5) business days of the determination and will promptly notify all CRA's to which Esusu provided said information and request that they delete or modify the information as appropriate.
If Esusu determines that more information is necessary to complete its investigation, Esusu will notify the User, and the User's counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information. Upon receipt of the additional information, Esusu shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by Esusu under this section. Notice of said determination shall be forwarded to the User as described above.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Esusu and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
This Arbitration Agreement is applicable to U.S. residents. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Esusu, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Esusu may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Esusu Financial Inc, 215 West 125th Street, Room 410, New York, NY 10027. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and Procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures available athttp://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location in the State of Delaware. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of the Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Esusu. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Esusu are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precluded enforcement of any of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other claims shall be arbitrated.
Except as provided in the Waiver of Class or Other Non-Individualized Relief section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part of parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Esusu.
Esusu makes no claim that the Service is appropriate or may be accessed, used or downloaded outside the United States. If you access the Service from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Feedback And Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site, App and Service. You may submit feedback by emailing us firstname.lastname@example.org. You acknowledge and agree that all Feedback is at your own risk and that Esusu has no obligations (including without limitation obligations to confidentiality) with respect to such Feedback. You hereby grant to Esusu a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially and non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Esusu Properties.
If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you agree to immediately report such person to the appropriate authorities and to Esusu.
The failure of Esusu to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Esusu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Certain parts of the Service may have different or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific part of the Service, the latter terms and conditions will take precedence.
Notice To California Residents
If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Esusu reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Service or to modify these Terms, including any Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the App; however, we reserve the right to make any such changes effective immediately to maintain the security of our Service or to comply with any laws or regulations. We will update the “Last Updated" date at the top of these Terms.
Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after notice to the User is provided on Esusu's website. You agree to keep your email address on file with Esusu up-to-date. By continuing to access or use the Service after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
These Terms constitute the entire and exclusive understanding and agreement between Esusu and you regarding the Esusu Properties, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Esusu and you regarding the same.
The original, legally binding version of this document is written in English. If this document is translated into other languages, there may be discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.
Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
- You must be told if information in your file has been used againstyou. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.
- You have the right to know what is in your file.You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
- a person has taken adverse action against you because of information in your credit report;
- you are the victim of identity theft and place a fraud alert in your file; o your file contains inaccurate information as a result of fraud; o you are on public assistance; o you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. Seehttps://www.consumerfinance.gov/learnmorefor additional information.
- You have the right to ask for a credit score.Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
- You have the right to dispute incomplete or inaccurate information.If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See https://www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
- Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information.Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
- Consumer reporting agencies may not report outdated negative information.In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
- Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
- You must give your consent for reports to be provided to employers.A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to https://www.consumerfinance.gov/learnmore
- You may limit “prescreened” offers of credit and insurance you get based on information in your credit report.Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address form the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
- The following FCRA right applies with respect to nationwide consumer reporting agencies:
CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE
You have a right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years. A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
- You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
- Identity theft victims and active duty military personnel have additional rights.For more information, visit https://www.consumerfinance.gov/learnmore States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General.