Property Manager, Owner Subscription Agreement.

Property Manager Credit Services, L.L.C. (“PMCS”)

CREDIT SERVICES COMPANY (“CSC”)

1. The undersigned ("Subscriber"), desiring to receive various information services, including consumer credit reports, agrees that all CSC Information Services will be subject to the following terms: You must

Sign this agreement
Pay the annual fee
Pay the per report fee

2. Information Services will be requested only for Subscriber's exclusive use and held in strict confidence except to the extent that disclosure to others is required or permitted by law. Only designated representatives of Subscriber will request CSC Information Services on applicant's for rental units. Subscriber will not disclose CSC Information to the subject of the report except as permitted or required by law, but will refer the subject to CSC.

3. Subscriber will hold CSC and all its agents harmless on account of any expense or damage arising or resulting from the publishing or other disclosure of CSC Information by Subscriber, its employees, agents, or attorneys, contrary to the conditions of Paragraph 2 or applicable law.

4. Recognizing that information for the CSC Information Services is secured by and through fallible human sources and that, for the fee charged, CSC cannot be an insurer of the accuracy of the CSC Information Services, Subscriber understands that the accuracy of any CSC Information Service received by Subscriber is not guaranteed by CSC, and Subscriber releases CSC and its affiliate companies, affiliated credit bureaus, agents, employees, and independent contractors from liability, even if caused by negligence, in connection with the CSC Information Services and from any loss or expense suffered by Subscriber resulting directly or indirectly from CSC Information.

5. Charges for the CSC Information Services will be invoiced to Subscriber, and Subscriber will be solely responsible to pay CSC.

6. Written notice by either party to the other will terminate this Agreement effective ten (10) days after the date of that notice, but the obligations and agreements set forth in the second, third and fourth paragraphs above will remain in force.

7. Fair Credit Reporting Act Certification. Subscriber certifies that it will order CSC Information Services that are consumer reports, as defined by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. ("FCRA"), only when Subscriber intends to use that consumer report information: (a) in accordance with the FCRA and all state law counterparts; and (b) for one of the following permissible purposes: (i) in connection with a credit transaction involving the consumer on whom the consumer report is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; (ii) in connection with the underwriting of insurance involving the consumer; (iii) as a potential investor or services, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; (iv) when Subscriber otherwise has a legitimate business need for the information either in connection with a business transaction that is initiated by the consumer, or to review an account to determine whether the consumer continues to meet the terms of the accounts; or (v) for employment purposes; provided, however, that SUBSCRIBER IS NOT AUTHORIZED TO REQUEST OR RECENE CONSUMER REPORTS FOR EMPLOYEMENT PURPOSES Subscriber will use each consumer report ordered under this Agreement for one of the foregoing purposes and for no other purpose.

8. Limited DTEC and Limited ID Certification. Subscriber certifies that it will order and use Limited-ID or Limited DTEC reports in connection with only one of the following purposes involving the subject of the report and for no other purpose: (a) to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability; (b) for required institutional risk control or for resolving consumer disputes or inquiries; (c) due to holding a legal or beneficial interest relating to the consumer, (d) as necessary to effect, administer, or enforce a transaction to underwrite insurance at the consumer's request, for reinsurance purposes or for the following purposes related to the consumer's insurance: account administration, reporting, investigation fraud prevention, premium payment processing, claim processing, benefit administration or research projects; (e) to persons acting in a fiduciary or representative capacity on behalf ot; and with the consent o1 the consumer or (t) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, including location for collection of a delinquent account. Subscriber, if a government agency, certifies it will order and use Limited-ID or Limited DTEC in connection with the following purposes involving the subject and for no other purpose: (y) pursuant to FCRA Section 608 or (z) for an investigation on a matter related to public safety. Subscriber further certifies that it will, with each Limited ID or Limited DTEC inquiry, include the Exception Code required by PMCS that identifies the use for which Subscriber is ordering the information, and that because Limited ID and Limited DTEC reports are not consumer reports Subscriber will not order or use Limited ID or Limited DTEC reports, in whole or in part, to determine eligibility for credit, insurance, or for any other permissible purpose, as defined by the FCRA, for which a consumer reporting agency is permitted to furnish a consumer report.

It is recognized and understood that the FCRA provides that anyone who knowingly and willfully obtains information on a consumer from a consumer reporting agency (such as CSC) under false pretenses shall be fined under Title 18, United States Code, imprisoned for not more than two (2) years, or both." CSC may periodically conduct audits of Subscriber regarding its compliance with the FCRA and other certifications in this Agreement Audits will be conducted by mail whenever possible and will require Subscribers to provide documentation as to permissible use of particular consumer, Limited ID, or Limited DTEC reports. Subscriber gives its consent to CSC to conduct such audits and agrees that any failure to cooperate fully and promptly in the conduct of any audit, or Subscriber's material breach of this Agreement, constitute grounds for immediate suspension of service or, termination of this Agreement notwithstanding Paragraph 6 above. If CSC terminates this Agreement due to the conditions in the preceding sentence, Subscriber (i) unconditionally releases and agrees to hold CSC harmless and indemnify it from and against any and all liabilities of whatever kind or nature that may arise from or relate to such termination, and (ii) covenants it will not assert any claim or cause of action of any kind or nature against CSC in connection with such termination.

9. This Section 9 applies to any means through which Client orders or accesses the Information Services including, without limitation, system ¬to system, direct access terminal, personal computer or the Internet; provided, however, Client will not order or access the Information Services via the Internet without fast obtaining CSC's written permission. For the purposes of this Section 9, the term "Authorized User" means a Client employee that Client has authorized to order or access the Information Services and who is trained on Client's obligations under this Agreement with respect to the ordering and use of the Information Services, and the information provided through same, including Client's FCRA and other obligations with respect to the access and use of consumer reports. Client will: (a) ensure that only Authorized Users can order or have access to the Information Services and the information provided through same, (b) ensure that Authorized Users do not order credit reports for personal reasons or provide them to any third party, Lc) ensure that all devices used by Client to order or access the Information Services are placed in a secure location and accessible only by Authorized Users and that these devices are secured when not in use through such means as screen locks, shutting power controls off, or other commercially reasonable security procedures, and (d) take all necessary measures to prevent unauthorized ordering or access to the Information Services by any persons other than Authorized Users for permissible purposes. Those measures will include, without limitation, limiting the knowledge of the Client security codes, telephone access number(s) CSC provides, and any passwords Client may use, to Authorized Users and other employees with a need to know, changing Client's user passwords at least every ninety (90) days, or sooner if it is obtained by any third party or an Authorized User is no longer responsible for accessing the Information Services, or if Subscriber suspects an unauthorized person has learned the password, and using all security features in the software and hardware Subscriber uses to order or access the Information Services. Subscriber will monitor compliance with the obligations of this Section 9, and will immediately notify CSC if Subscriber suspects or knows of any unauthorized access or attempt to access the Information Services. Such monitoring will include, without limitation, a review of each CSC in-voice for the purpose of detecting any unauthorized activity. Subscriber will not ship hardware or software between Subscriber's locations or to third parties without deleting all PMCS Subscriber number(s), security codes, telephone access number(s) and Subscriber user pass-words. If Subscriber uses a third party vendor to establish access to the Information Services, Subscriber is responsible for the third party vendor's use of Subscriber's member numbers, security access codes, or passwords. Subscriber will ensure the third party vendor safeguards Subscriber's security access code(s) and passwords through the use of security requirements that are no less stringent than those applicable to Subscriber under this Section 9. Subscriber will inform Authorized Users and other employees with a need to know that unauthorized access to consumer reports may subject them to civil and criminal liability under the FCRA punishable by fines and imprisonment. If CSC reasonably believes that Subscriber has violated this Section 9, CSC may, in addition to any other remedy authorized by this Agreement, with reasonable advance written notice to Subscriber and at CSC's sole expense, conduct, or have a third party conduct on its behalf, an audit of Subscriber's network security systems, facilities, practices and procedures to the extent CSC reasonably deems necessary in order to evaluate Subscriber's compliance with the data security requirements of this Section 9.

1. RESTRICTED LICENSE . CSC hereby grants to Customer a license to use all CSC's Services, both currently existing and as may become available in the future, subject to the restrictions and limitations set forth below:

(i) Generally . CSC hereby grants to Customer a restricted license to use the CSC Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the CSC Services shall be for only legitimate purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Agreement. Customer shall not use the CSC Services for marketing purposes or resell or broker the CSC Services to any third party. Customer agrees that if CSC determines or reasonably suspects that Customer is engaging in marketing activities, reselling or brokering the CSC Services' information, programs, computer applications, or data, or is otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, CSC may take immediate action, including terminating the delivery of, and the license to use, the CSC Services. Customer shall not access the CSC Services from Internet Protocol addresses located outside of the United States and its territories without CSC's prior written approval. Customer may not use data to create a competing product. Customer shall comply with all laws, regulations and rules which may, in CSC's opinion, govern the use of the CSC Services and information provided therein.

(ii) GLBA Data . Some of the information contained in the CSC Services is “nonpublic personal information,” as defined in the Gramm-Leach-Bliley Act (“GLBA”), and is regulated by the GLBA (“GLBA Data”). Customer shall not obtain and/or use GLBA Data through the CSC Services, in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data at the time it requests information in connection with certain CSC Services. In addition, Customer agrees it will recertify, in writing, its permissible uses of GLBA Data upon request by CSC. Customer certifies with respect to GLBA data received through the CSC Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA.

(iii) DPPA Data . Some of the information contained in the CSC Services is “personal information,” as defined in the DPPA [Define the Act], and is regulated by the DPPA (“DPPA Data”). Customer shall not obtain and/or use DPPA Data through the CSC Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain CSC Services, In addition, Customer agrees it will recertify, in writing, to CSC its permissible uses of DPPA Data upon the request of CSC.

(iv) Supplemental Terms . Certain materials contained within the CSC Services are subject to additional obligations and restrictions. To the extent Customer receives such materials through the CSC Services, Customer agrees to comply with the Supplemental Terms for Specific Materials contained at the following website: http://www.lexisnexis.com/terms/supplemental/ (the “Supplemental Terms”). The Supplemental Terms are hereby incorporated into this Agreement by reference.

Social Security and Driver's License Numbers. If Customer obtains Social Security Numbers or Driver's License Numbers (“SSNs”) through the CSC Services, Customer certifies it will not use the SSNs for any purpose other than as follows: For identification of applicant

In addition to the restrictions on distribution set forth in Section 2(i) of this Agreement, Customer agrees that it will not permit SSNs obtained through the CSC Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use [where defined?]. In the event Customer is not an Authorized User and/or does not have an Authorized Use at any time during the term of this Agreement, CSC may immediately preclude Customer from receiving SSNs. Customer agrees it will recertify, in writing, to CSC, that it is an Authorized User and that it has one or more Authorized Uses upon the request of CSC. Customer may not, to the extent permitted by the terms of this Agreement, transfer SSNs via email or ftp without CSC's prior written consent.

•  Copyrighted Materials . Customer shall not remove or obscure the copyright notice or other notices contained on materials accessed through the CSC Services.

•  FCRA Services. The following restricted license is conditionally granted for CSC Services governed by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq (“FCRA”). These products presently include Banko Collections Solutions, Deceased Notifier Batch Services, Electronic Bankruptcy Notifier, ThinDex, Onescore, PeopleWise Employment Screening, Securint Employment Screening, and Securint Tenant Screening. These products constitute consumer reports as defined by the FCRA (“Consumer Report”). Customer certifies that when using the Consumer Report CSC Services, it will comply with all applicable provisions of the FCRA and all other applicable federal, state and local legislation, regulations and rules. Without limiting the generality of the foregoing, Customer certifies that (a) It will comply with all applicable provisions of the California Credit Reporting Agencies Act and any related regulations; and (b) It will comply with all Vermont statutes and regulations on fair credit reporting, including but not limited to, obtaining the consent of Vermont residents prior to obtaining any information on Vermont residents through these Consumer Report CSC Services. Customer agrees it will recertify, in writing, to CSC its permissible purposes for use of the Consumer Report CSC Services upon the request of CSC.

(vii) Public Records Products Services. For all LNRM Public Records products, exclusive of FCRA products detailed in Section 2(viii), the following restricted license is conditionally granted. These products include Anti-Money Laundering Solutions , Instant ID, Instant ID – CIP, LexisNexis RiskWise, other batch services, Risk Management Solutions, ChargebackDefender, FraudDefender, RecoverScore, ThinDex, Onescore, and Accurint. These products are not provided by “consumer reporting agencies,” as that term is defined in the FCRA, and do not constitute Consumer Reports. Accordingly, (A) Customer certifies that it will not use any of the information it receives through these Public Records CSC Services for any of the following purposes: (1) in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes or in connection with the review or collection of an existing credit account of a consumer; (2) for employment purposes; (3) in connection with a determination of a consumer's eligibility for a license or other benefit granted by a government agency; (4) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; or, (5) for any other purpose deemed to be a permissible purpose under the FCRA; (B) Customer may use, except as otherwise prohibited by this Agreement, information received through these Public Records CSC Services for the following purposes: (1) to verify or authenticate an individual's identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; or, (5) to decide whether to buy or sell consumer indebtedness in a commercial transaction; (C) Specifically, if Customer is using these Public Records CSC Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third party, Customer shall not use these Public Records CSC Services (1) to revoke consumer credit; (2) to accelerate consumer payment terms or otherwise change such terms in a manner adverse to a consumer; (3) including in prioritization and segmentation activities, use LNRM information for the purpose of determining a consumer's collectability; and (D) Customer shall not take any “adverse action,” as that term is defined in the FCRA, or otherwise act in a manner that is contrary to a consumer's interest unless the basis for doing so is information Customer obtains from a source other than these Public Records CSC Services.

2. SECURITY . Customer acknowledges that the information available through the CSC Services includes personally identifiable information and it is Customer's obligation to keep all such accessed information secure. Accordingly, Customer shall (a) restrict access to CSC Services to those employees who have a need to know as part of their official duties; (b) ensure that none of its employees shall (i) obtain and/or use any information from the CSC Services for personal reasons, or (ii) not transfer any information received through the CSC Services to any party except as permitted hereunder or required by law; (c) immediately notify CSC to deactivate the user identification number of any employee who no longer has a need to know, or terminated employees on or prior to the date of termination; (d) keep all user identification numbers confidential and prohibit the sharing of user identification numbers; (e) in addition to any obligations contained herein, take all commercially reasonable measures to prevent unauthorized access to, or use of, the CSC Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) unless required by law, purge all information received through the CSC Services and stored electronically or on hard copy by Customer within 90 days of initial receipt or expiration retention period required by law; (g) be capable of receiving the CSC Services where the same are provided utilizing so-called ‘secure socket layer', or such other means of secure transmission deemed reasonable by CSC; and (h) not access and/or use the CSC Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by CSC. In the event that Customer discloses to CSC "nonpublic personal information" (as such term is defined in the GLBA Section 6809(4)) about its customers and consumers ("Customer NPI") pursuant to the terms of this Agreement, CSC agrees: (i) to maintain the confidentiality of all Customer NPI; and (ii) not to disclose or use Customer NPI except in the performance of its obligations pursuant to this Agreement or in connection with judicial or government proceedings pursuant to applicable law. In addition, CSC has implemented appropriate measures designed to meet the objectives of the Interagency Guidelines Establishing Standards for Safeguarding Customer Information. Notwithstanding the foregoing, Customer acknowledges that Customer may provide information to CSC that constitutes Customer NPI but which is duplicative of information that CSC has lawfully received from other sources free of any obligation of confidence. In such event, Customer acknowledges that this will not prohibit CSC from using and disclosing such information from such other sources so long as CSC does not state or imply that Customer was the source of such information.

3. PERFORMANCE . CSC will use reasonable efforts to deliver the CSC Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the CSC Services; provided, however, that Customer accepts all information " AS IS ." Customer acknowledges and agrees that CSC obtains their data from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on CSC for the accuracy or completeness of information supplied through the CSC Services. Customer understands that Customer may be restricted from accessing certain CSC Services which may be otherwise available. CSC reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the CSC Services. In the event that any entity within CSC discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, such LNRM Group entity will, at Customer's option, terminate this Agreement.

4. WARRANTIES/LIMITATION OF LIABILITY. Neither any entity of CSC, nor their subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, CSC, their subsidiaries and affiliates, and their data providers are hereby collectively referred to as “CSC”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the LNRM Services) for any loss or injury arising out of or caused in whole or in part by LNRM Group's acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the CSC Services. If, notwithstanding the foregoing, liability can be imposed on CSC, then Customer agrees that CSC's aggregate liability for any and all losses or injuries arising out of any act or omission of CSC in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not sue CSC for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CSC. Customer expressly agrees and acknowledges that (i) there is no partnership or joint venture between any of CSC entities; (ii) there shall not be any joint nor several obligations or liabilities undertaken amongst, between, or on behalf of any of CSC entities; (iii) CSC entities do not expressly or impliedly agree to be responsible or liable for the acts and omissions of one another; and (iv) CSC entities do not warrant the services provided by one another. CSC does not make and hereby disclaims any warranty, express or implied, with respect to the CSC Services provided hereunder; provided, however, that CSC does hereby warrant that CSC has complied with the law and applicable third-party data provider contracts in providing the CSC Services. CSC does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the CSC Services or information provided therein. In no event shall CSC be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.

5. INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless CSC from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through CSC.

6. AUDIT. Customer understands and agrees that in order to ensure compliance with the GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements, the terms and conditions of this Agreement, and CSC's obligations under its contracts with its data providers, CSC may conduct periodic reviews of Customer's use of the CSC Services and may, upon reasonable notice, audit Customer's records, processes and procedures related to Customer's use, storage and disposal of CSC Services and information received therefrom. Customer agrees to cooperate fully with any and all audits. Violations discovered in any review and/or audit by CSC will be subject to immediate action including, but not limited to, suspension or termination of the license to use the CSC Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

 

Subscriber:

Authourized Representitive­­­­_________________________

By:_____________________________