Quick Check Credit Reports






APPLICATION FOR SERVICES:
PRIVATE LANDLORDS

Quick Check Credit Reports, Inc. is a reseller of confidential and sensitive credit bureau data. We are required to verify that each applicant has a legal permissible purpose to obtain consumer reports according to FCRA (Fair Credit Reporting Act).

Please submit the following information (* = Required)
MEMBER INFORMATION:
*Name:
*Approx. # of Units:
*Your Personal Address:
(No PO Boxes please)
*Telephone:
Fax:
Website:
*Contact Person:
*Contact Phone:
*Contact Email:
*Address of 1 Rental Property:
(Other than your home address)
PERMISSIBLE PURPOSE:
The following are some lawful reasons for which you can request consumer reports.
Please indicate all categories below that best describe your activities in requesting confidential consumer reports.
Tenant Screening (management for self)
Other:
 
MEMBERSHIP AGREEMENT:

MEMBERSHIP AGREEMENT

The undersigned, desiring to use Quick Check Credit Reports, Inc., (herein after called "QC") at the regular prices established by QC from time to time, agrees to furnish information concerning its customers except information it has received from others, upon QC 's request and further agrees that all information, whether oral, or written electronic transmission; whether by report, bulletin or otherwise, will be submitted and received subject to the following conditions:

A. Information will be requested only for our exclusive use. All information received from QC be held in strict confidence except to the extent that disclosure to others is required by law. Reports will be requested only by our designated representatives. Employees will be forbidden to attempt to obtain reports on themselves, associates or any other persons except in the exercise of their official duties.

B. We agree to indemnify, defend and hold QC and all its agents harmless on account of any expense or damage resulting from our use of information received from QC, including any action contrary to the requirements of the Fair Credit Reporting Act (Public Law 91-508 or resulting from breach of any of the warranties or representatives made by us as part of this agreement.

C. We recognize that the information we are requesting is secured by and through fallible human sources and that for the fee charged by QC it cannot be insured of the accuracy of the information, we understand and agree that the accuracy of any information furnished by QC is not guaranteed by QC and we release QC and its agents, employees, and independent contractors from liability for any negligence in connection with the preparation of such reports and from any loss or expense suffered by us directly from QC 's reports.

D. All reports will be charged to the undersigned at the regular rates of QC in the city in which the service is rendered. Such charges to be applied against the contract price, and charges, in addition to the contract price, shall be due after receipt of the invoice. Past due amounts shall be subject to a late payment fee of $4.00 or 1.5% per month, whichever amount is greater. If collection efforts are required, the undersigned agrees to pay all cost of collection, including attorney's fees and that the exclusive jurisdiction for any action under this agreement shall be Nassau County, NY.

E. We acknowledge that we have received and reviewed a copy of the "Notice To Users of Consumer Reports: Obligations of Users under the FCRA" (See attachment A [appendix C to Part 601-Prescribed Notice of Users Responsibilities] ) and we certify that consumer reports will only be obtained for a business transaction between landlord and tenant.

F. We acknowledge that we have received and reviewed a copy of the "Notice To Users of Consumer Reports: Obligations of Users under the FCRA" (See attachment A [appendix C to Part 601-Prescribed Notice of Users Responsibilities] ) and we certify that consumer reports will only be obtained by said member in its decision making process regarding the rental, sale, management and/or financing of real estate; for the review or updating of an existing account, for the collection of debts and/or judgments; for the purpose of verifying employment candidates and employees; for the purpose of extending credit to a consumer. Member will not request credit data for any other purpose.

Subscriber certifies that they will only request credit data in relationship to one of the permissible boxes marked. Each request made for employment purposes will be specifically so designated at the time of the request and FCRA certifications will then be made and is hereby made as follows:

a) That subscriber will give written notice to the consumer that a consumer report for employment purposes may be run and that the consumer consented to the obtaining of his/her consumer report for employment purposes;

b) That said written notice offered the consumer an election to receive a free copy of the report;

c) That subscriber will not use the information in the consumer report for any other purposes;

d) That information from the consumer report will not be used in violation of any applicable Federal or State equal opportunity type law or regulation; and

e) That prior taking any adverse action based on the consumer report, member will provide the consumer with a copy of the consumer report free of charge.

H. Limitation of Liability. Client, Experian, Equifax, TransUnion and QC recognize that every business decision represents an assumption of risk and that neither party, in furnishing information, information or the information services to the otherwrites or assumes the other's risk in any manner. Except as otherwise expressly provided in this agreement, or any amendment or addendum, neither party guarantees or warrants the corrections, completeness, currentness, merchantability or fitness for a particular purpose of the information, information or information services provided to the other. Neither QC, Experian, Equifax, TransUnion nor any of its officers, agents, employees, contractors licensors, affiliated companies or affiliated credit bureaus will be liable to client, and client releases, qc, Experian, Equifax, TransUnion and the others, for any loss or injury arising out of, or caused in whole or in part by, acts or omissions, even if due negligence, in procuring, compiling, collecting, interpreting, processing, reporting or transmitting any information or the information services. Not withstanding anything to the contrary in this agreement, including any and all future amendments and addenda, neither party, nor any of its officers, employees, licensors, affiliated companies, affiliated credit bureaus, independent contractors, or agents will be responsible for consequential, incidental, indirect, exemplary or special damages, including loss profits. Client will indemnify and hold harmless QC, Experian, Equifax, TransUnion and its affiliated entities from and against any direct and actual loss, cost, liability and expenses (including reasonable attorneys' fees).

(1) In connection with a business transaction involving the tenant

(2) All Reports will be requested only by our designated representatives. Subscriber warrants that it will establish internal procedures prohibiting employees of the Subscriber from attempting to obtain reports on themselves, associates, or any other person except in the exercise of their official duties. Subscriber is hereby put on notice that Public Law, under Title 18, provide that any person who knowingly and willingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5000.00 or imprisoned not more than two years, or both.

91-598 and RCW 19.82.130 provide that any person who knowingly and willingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5000.00 or imprisoned not more than one year, or both.

I. We certify that we have received and reviewed a copy of the Notice to Furnishers of information: Obligation of Furnishers under the FCRA " (see attachment B to Part 601 -- Prescribed notice of Furnishers Responsibilities)" and we agree to furnish to QC, without charge, written, oral or automated information giving the following data:

(a) The names and addresses of customers whose accounts have been restrained or closed by Subscriber and the reasons; or placed for collection; or charged off as a loss.

(b) Information on active and inactive accounts and any pertinent other information to make QC 's files more complete, immediately when requested by v.

(c) Pertinent information on present or former employees as may be requested by QC.

(d) Landlords may be required to submit a copy of the tax document as proof of ownership of rental property.

H. Written notice by either party will terminate this Agreement, but the obligations and agreements of the undersigned in effect at the time of termination will remain in full force and effect, including the obligation to defend, indemnify and hold QC harmless and keep confidential the information we receive.

I. We understand and agree that this letter constitutes all agreements and conditions of reporting, present and future, and supersedes all previous agreements and understandings with Quick Check Credit Reports, Inc. and applies to all types of reports, including all types of checking services and bulletins, made by you. No Changes in agreement may be made except by consent in writing of an officer of Quick Check Credit Reports, Inc..

Additional Terms of the End User Ė Reseller (Membership) Agreement:

1. End User has a permissible purpose for obtaining consumer reports in accordance with the Fair Credit Reporting Act (15 U.S .C. ß 1681 et seq.) including, without limitation, all amendments thereto ("FCRA"). The End User certifies its permissible purpose as:
_ In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of the consumer; or
_ In connection with the underwriting of insurance involving the consumer or review of existing policy holders for insurance underwriting purposes, or in connection with an insurance claim where written permission of the consumer has been obtained; or
_ In connection with a tenant screening application involving the consumer; or In accordance with the written instructions of the consumer; or
_ For a legitimate business need in connection with a business transaction that is initiated by the consumer; or
_ As a potential investor, servicer or current insurer in connection with a valuation of, or assessment of, the credit or prepayment risks.

2. End User certifies that End User shall use the consumer reports: (a) solely for the Subscriberís certified use(s); and (b) solely for End Userís exclusive one-time use. End User shall not request, obtain or use consumer reports for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with End Userís own data, or otherwise in any service which is derived from the consumer reports. The consumer reports shall be requested by, and disclosed by End User only to End Userís designated and authorized employees having a need to know and only to the extent necessary to enable End User to use the Consumer Reports in accordance with this Agreement. End User shall ensure that such designated and authorized employees shall not attempt to obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of their official duties.

3. End User will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.

4. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

5. End User shall use each Consumer Report only for a one-time use and shall hold the report in strict confidence, and not disclose it to any third parties; provided, however, that End User may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report. Moreover, unless otherwise explicitly authorized in an agreement between Reseller and its End User for scores obtained from TransUnion, or as explicitly otherwise authorized in advance and in writing by TransUnion through Reseller, End User shall not disclose to consumers or any third party, any or all such scores provided under such agreement, unless clearly required by law.

6. With just cause, such as violation of the terms of the End Userís contract or a legal requirement, or a material change in existing legal requirements that adversely affects the End Userís agreement, Reseller may, upon its election, discontinue serving the End User and cancel the agreement immediately.
For those End Users that wish to receive TransUnion Scores as part of the consumer credit report being delivered, the agreement between Reseller and End User must also contain the following language:

End User will request Scores only for End Userís exclusive use. End User may store Scores solely for End User's own use in furtherance of End User's original purpose for obtaining the Scores. End User shall not use the Scores for model development or model calibration and shall not reverse engineer the Score. All Scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any Person except (i) to those employees of End User with a need to know and in the course of their employment; (ii) to those third party processing agents of End User who have executed an agreement that limits the use of the Scores by the third party to the use permitted to End User and contains the prohibitions set forth herein regarding model development, model calibration and reverse engineering; (iii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (iv) as required by law.

Required Terms for Agreement Between Reseller and End User for Consumer Reports for Employment Purposes

1. If TransUnion information will be used in connection with employment purposes, only services developed
2. for such use (e.g. TransUnionís EMPLOYMENT CREDIT REPORT Report) may be used. Resellerís
3. agreement with its End User must contain the following language:
4. 1. End User is a [Insert type of business] and has a need for consumer credit information in
5. connection with the evaluation of individuals for employment, promotion, reassignment or
6. retention as an employee ("Consumer Report for Employment Purposes").
7. 2. End User shall request Consumer Report for Employment Purposes pursuant to procedures
8. prescribed by Reseller from time to time only when it is considering the individual inquired upon
9. for employment, promotion, reassignment or retention as an employee, and for no other purpose.
10. 3. End User certifies that it will not request a Consumer Report for Employment Purposes unless:
11. a. A clear and conspicuous disclosure is first made in writing to the consumer by End User before
12. the report is obtained, in a document that consists solely of the disclosure that a consumer
13. report may be obtained for employment purposes;
b. The consumer has authorized in writing the procurement of the report;
andc. Information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
4. End User further certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide the consumer with:
a. A copy of the Consumer Report for Employment Purposes; and
b. A copy of the consumerís rights, in the format approved by the Federal Trade Commission.
5. End User shall use the Consumer Report for Employment Purposes only for a one-time use, and shall hold the report in strict confidence, and not disclose it to any third parties that are not involved in the employment decision.
6. End User will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.
7. With just cause, such as violation of the terms of End Userís contract or a legal requirement, or a material change in existing legal requirements that adversely affects End Userís Agreement, Reseller may, upon its election, discontinue serving the End User and cancel the agreement immediately.
NOTE: The Consumer Report for Employment Purposes may contain account numbers for individual tradelines, which are only to be used for matching and merging combined files by the Reseller when creating Merged Reports. These account numbers are not to be passed on to an End User under any circumstance.

Required Terms for Agreement Between Reseller and End User for Reference Services

Prior to delivering Reference Services to an End User, Reseller must first enter into a Service Agreement with that End User that contains the following language:
1. End User certifies that End User shall use the References Services solely for End Userís exclusive one-time use and shall hold such Reference Services in strict confidence. End User shall not request, obtain or distribute Reference Services for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with End Userís own data, or otherwise in any service which is derived from the Reference Services. The Reference Services shall be requested by, and disclosed by End User only to End Userís designated and authorized employees having a need to know and only to the extent necessary to enable End User to use the Reference Services in accordance with this Agreement. End User shall ensure that such designated and authorized employees shall not attempt to obtain any Reference Services on themselves, associates, or any other person except in the exercise of their official duties.
2. End User will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.
3. With just cause, such as violation of the terms of the End Userís contract or a legal requirement, or a material change in existing legal requirements that adversely affects the End Userís agreement, Reseller may, upon its election, discontinue serving the End User and cancel the agreement immediately.
1. End User is a [Insert type of business] and certifies it is obtaining CRD-Reference Services for the following purpose as being encompassed by Section (6802)(e) of the Gramm-Leach-Bliley Act, Title V, Subtitle A, Financial Privacy (15 U.S.C. ß 6801-6809) (ďGLBĒ) and the United States Federal Trade Commission rules promulgated thereunder and no other purpose. End User certifies its purpose(s) as:
- Necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with servicing or processing a financial product or service requested or authorized by the consumer
- Necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with maintaining or servicing the consumerís account with Subscriber and Subscriber is a financial institution
- With the consent or at the direction of the consumer
- To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability
- For use solely in conjunction with a legal or beneficial interest held by Subscriber and relating to the consumer
- For use solely in Subscriberís fiduciary or representative capacity on behalf of the consumer.

QC Addendum to Agreement

1. End User (Member) hereby certifies that he/she is a landlord/business/property manager and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) as amended by the Consumer Credit Reporting Reform Act of 1996, hereinafter called "FCRA". The End User (Member) certifies their permissible purpose as in connection with a tenant screening application involving the consumer.

2. End User (Member) will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.

3. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

The End User (Member) acknowledges that it is a criminal offence to obtain credit information from QC by fraudulent means and is hereby notified that QC will report all fraudulent applications for membership to the appropriate Police jurisdiction for criminal action. The End User (Member) is hereby notified that as part of its due diligence, consumer report reseller will verify and confirm this application and your permissible purpose as a landlord or business.

*I have read and agree to the above "MEMBERSHIP AGREEMENT".
 

CALIFORNIA END USER AGREEMENT

California Civil Code- End User Certification of Compliance section 1785.14(a) Section 1785.14(a), as amended, states that a consumer credit agency does not have reasonable grounds for believing that a consumer credit report will only be used for a permissible purpose unless all of the following requirements are must. Section 1785.14(a)(1) states: "If a prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the consumer credit reporting agency shall, with a reasonable degree of certainty, match at least three categories of identifying information within the file maintained by the consumer credit reporting agency on the consumer with the information provided to the consumer credit reporting agency by the retail seller. The categories of identifying information may include but are not limited to, first and last name, month and date of birth, driver's license number, place of employment, current residence address, previous residence address, or social security number. The categories of information shall not include mothers maiden name." Section 1785.14(a)(2) states: "If a prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the retail seller must certify in writing, to the consumer credit reporting agency that it instructs its employees and agents to inspect a photo identification to the consumer at the time the application was submitted in person. This paragraph does not apply to an application for credit submitted by mail." Section 1785.14(a)(3) states: "If the prospective user intends to extend credit by mail pursuant to a solicitation by mail, the extension of credit shall be mailed to the same address as on the solicitation unless the prospective user verifies any address change by, among other methods, contacting the person to whom the extension of the credit will be mailed." In compliance with Section 1785.14(a) of the California Civil Code _______________________________ ("End User") hereby certifies to Consumer Reporting Agency as follows: (Please Circle) End User (IS) (IS NOT) a retail seller, as defined in Section 1801.3 of the California Civil Code ("Retail Seller") and issues credit to consumers who appear in person on the basis of applications for credit submitted in person ("Point of Sale"). End User also certifies that if the End User is a Retail Seller who conducts Point of Sale transactions, End User will, beginning on or before July 1, 1998, instruct its employees and agents to inspect a photo identification of the consumer at the time an application is submitted in person. End User also certifies that it will only use the appropriate End User code number designated by Consumer Reporting Agency for accessing consumer reports for California Point of Sale transactions conducted by Retail Seller. If End User is not a Retail Seller who issues credit in Point of Sale transactions, End User shall provide written notice of such to Consumer Reporting Agency prior to using credit reports with Point of Sale transactions as a Retail Seller, and shall comply with the requirements of a Retail Seller conducting Point of Sale transactions, as provided in this certification.

*I have read and agree to the above "CALIFORNIA END USER AGREEMENT".
 

ACCESS SECURITY REQUIREMENT SERVICE AGREEMENT

We must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of consumer credit reports. In signing the Quick Check Credit Reports, Inc. (QC) application, you agree to follow these measures:

1. You must protect your username and password so that only key personnel know this sensitive information. Unauthorized persons should never have knowledge of your password. Do not post the information in any manner within your facility.

2. System access software, whether developed by your company or purchased from a third party vendor, must have your QC account number and password "hidden" or embedded and be known only by supervisory personnel. Assign each user of your system access software a unique user-name and password.

3. Do not discuss your account number and password by telephone with any unknown caller, even if the caller claims to be a representative or employee of Consumer Credit Agency.

4. Restrict the ability to obtain credit to a few key personnel.

5. Place all terminal devices used to obtain credit information in a secure location within your facility. You should secure these devices so that unauthorized persons cannot easily access them.

6. After normal business hours, be sure to turn off and lock all devices or systems used to obtain credit information.

7. Secure hard copies and electronic files of consumer reports within your facility so that unauthorized persons cannot easily access them.

8. Shred or destroy all hard copy consumer reports when no longer needed.

9. Erase or scramble electronic files containing consumer information when no longer needed and when applicable regulations(s) permit destruction.

10. Make all employees aware that your company can access credit information only for the permissible purposes listed in the Permissible Purpose Information section of your membership application. Your employees may not access their own report or the report of a family member or friend if your company does not have permissible purpose.

11. By agreeing to this document you agree to release Quick Check Credit Reports, Inc., Experian, Equifax, and TransUnion from any litigation, damages, and liabilities arising from supplying credit reports to you and further agree to comply with the FCRA and this Access Security Requirements/Service Agreement in it's entirety.
Record Retention: It is important that you keep credit applications for a reasonable period of time. This will help to facilitate the investigative process if the consumer claims your company inappropriately accessed their credit report. (Note: The Federal Equal Credit Opportunity Act states that a creditor must preserve all written or recorded information connected with an application for 25 months.) "Under Section 621 (a) (2) (A) of the FCRA any person that violates any of the provisions of the FCRA may be liable for a civil penalty of not more than $2,500 per violation."

*I have read and agree to the above "ACCESS SECURITY REQUIREMENT SERVICE AGREEMENT".
 
CREDIT SCORE RELEASE

1. Based on an agreement with Trans Union LLC ("Trans Union") and Fair Isaac Corporation (Fair Isaac") ("Reseller Agreement"), Reseller has access to a unique and proprietary statistical credit scoring service jointly offered by Trans Union and Fair Isaac which evaluates certain information in the credit reports of individual consumers from Trans Unionís data base ("Classic") and provides a score which rank orders consumers with respect to the relative likelihood that United States consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring (the "Classic Score").

2. Subscriber, from time to time, may desire to obtain Classic Scores from Trans Union via an on-line mode in connection with consumer credit reports.

3. Subscriber has previously represented and now, again represents that it has a permissible purpose for Tenant Screening to obtain consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) including, without limitation, all amendments thereto ("FCRA").

4. Subscriber certifies that it will request Classic Scores pursuant to procedures prescribed by Reseller from time to time only for the permissible purpose certified above, and will use the Classic Scores obtained for no other purpose.

5. Subscriber will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.

6. Subscriber agrees that it shall use each Classic Score only for a one-time use and only in accordance with its permissible purpose under the FCRA.

7. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, Reseller may, upon its election, discontinue serving the Subscriber and cancel this Agreement, in whole or in part (e.g., the services provided under this Addendum only) immediately.

8. Subscriber recognizes that factors other than the Classic Score may be considered in making a credit decision. Such other factors include, but are not limited to, the credit report, the individual account history, and economic factors.

9. Trans Union and Fair Isaac shall be deemed third party beneficiaries under this Addendum.

10. Up to five score reason codes, or if applicable, exclusion reasons, are provided to Subscriber with Classic Scores. These score reason codes are designed to indicate the reasons why the individual did not have a higher Classic Score, and may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act ("ECOA") and its implementing Regulation ("Reg. B"). However, the Classic Score itself is proprietary to Fair Isaac, may not be used as the reason for adverse action under Reg. B and, accordingly, shall not be disclosed to credit applicants or any other third party, except: (1) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (2) as clearly required by law. Subscriber will not publicly disseminate any results of the validations or other reports derived from the Classic Scores without Fair Isaac and Trans Unionís prior written consent

11. In the event Subscriber intends to provide Classic Scores to any agent, Subscriber may do so provided, however, that Subscriber first enters into a written agreement with such agent that is consistent with Subscriber's obligations under this Agreement. Moreover, such agreement between Subscriber and such agent shall contain the following obligations and acknowledgments of the agent: (1) Such agent shall utilize the Classic Scores for the sole benefit of Subscriber and shall not utilize the Classic Scores for any other purpose including for such agentís own purposes or benefit; (2) That the Classic Score is proprietary to Fair Isaac and, accordingly, shall not be disclosed to the credit applicant or any third party without Trans Union and Fair Isaacís prior written consent except (a) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (b) as clearly required by law; (3) Such Agent shall not use the Classic Scores for model development, model validation, model benchmarking, reverse engineering, or model calibration; (4) Such agent shall not resell the Classic Scores; and (5) Such agent shall not use the Classic Scores to create or maintain a database for itself or otherwise.

12. Subscriber acknowledges that the Classic Scores provided under this Agreement which utilize an individualís consumer credit information will result in an inquiry being added to the consumerís credit file.

13. Subscriber shall be responsible for compliance with all applicable federal or state legislation, regulations and judicial actions, as now or as may become effective including, but not limited to, the FCRA, the ECOA, and Reg. B, to which it is subject.

14. The information including, without limitation, the consumer credit data, used in providing Classic Scores under this Agreement were obtained from sources considered to be reliable. However, due to the possibilities of errors inherent in the procurement and compilation of data involving a large number of individuals, neither the accuracy nor completeness of such information is guaranteed. Moreover, in no event shall Trans Union, Fair Isaac, nor their officers, employees, affiliated companies or bureaus, independent contractors or agents be liable to Subscriber for any claim, injury or damage suffered directly or indirectly by Subscriber as a result of the inaccuracy or incompleteness of such information used in providing Classic Scores under this Agreement and/or as a result of Subscriber's use of Classic Scores and/or any other information or serviced provided under this Agreement.

15.1 Fair Isaac, the developer of Classic, warrants that the scoring algorithms as delivered to Trans Union and used in the computation of the Classic Score ("Models") are empirically derived from Trans Union's credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the relative likelihood that United States consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring when applied to the population for which they were developed, and that no scoring algorithm used by Classic uses a "prohibited basis" as that term is defined in the Equal Credit Opportunity Act (ECOA) and Regulation B promulgated thereunder. Classic provides a statistical evaluation of certain information in Trans Union's files on a particular individual, and the Classic Score indicates the relative likelihood that the consumer will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring relative to other individuals in Trans Union's database. The score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.

15.2 THE WARRANTIES SET FORTH IN SECTION 15.1 are the sole warranties made under this addendum concerning the classic scores and any other documentation or other deliverables and services provided under this agreement; and neither fair isaac nor TransUnion make any other representations or warranties concerning the products and services to be provided under this agreement other than as set forth in this addendum. The warranties and remedies set forth in section 15.1 are in lieu of all others, whether WRITTEN OR ORAL, express or implied (including, without limitation, warranties that might be implied from a course of performance or dealing or trade usage). THERE ARE NO implied warranties of merchantability or fitness for a particular purpose.

16. In no event shall ANY party be liable for any consequential, incidental, indirect, special, or punitive damages incurred by the other parties And arising out of the performance of this AGREEMENT, including but not limited to loss of good will and lost profits or revenue, whether or not such loss or damage is based in contract, warranty, tort, negligence, strict liability, indemnity, or otherwise, even if a party has been advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

17. THE FOREGOING NOTWITHSTANDING, with respect to subscriber, IN NO EVENT shall the aforesaid limitations of liability, set forth above in section 16, apply to damages incurred by TransUnion and/or fair isaac as a result of: governmental, regulatory or judicial action(s) pertaining to violations of the FCRA and/or other laws, regulations and/or judicial actions to the extent such damages result from subscriber's breach, directly or through subscriber's agent(s), of its obligations under this agreement.

18. ADDITIONALLY, neither TransUnion nor fair isaac shall be liable for any and all claims arising out of or in connection with this addendum brought more than one (1) year after the cause of action has accrued. in no event shall TransUnion's and fair isaac's aggregate total liability, if any, under this agreement, exceed the aggregate amount paid, under this addendum, by subscriber during the twelve (12) month period immediately preceding any such claim, or ten thousand dollars ($10,000.00), whichever amount is less.

19. This Addendum may be terminated automatically and without notice: (1) in the event of a breach of the provisions of this Addendum by Subscriber; (2) in the event the agreement(s) related to Classic between Trans Union, Fair Isaac and Reseller are terminated or expire; (3) in the event the requirements of any law, regulation or judicial action are not met, (4) as a result of changes in laws, regulations or regulatory or judicial action, that the requirements of any law, regulation or judicial action will not be met; and/or (5) the use of the Classic Service is the subject of litigation or threatened litigation by any governmental entity.

*I have read and agree to the above "CREDIT SCORE RELEASE".
MEMBERSHIP ACCEPTANCE:
The undersigned is a duly authorized representative with power to execute this Agreement:
 
*Name:
Signature: Please see next step for signature page
*Date:
*City, State:
 
By submitting this contract, I attest that I have read, understand, and agree to all the terms and conditions in this contract.