If you choose to use TransUnion® SmartMove® (“SmartMove” or “Service”) – a product of TransUnion Rental Screening Solutions Inc. (TURSS), a wholly owned subsidiary of TransUnion, LLC to provide Credit Information to a state in which you wish to be licensed, this Service Agreement ("Agreement") contains the terms and conditions upon which you ("you," or the "member") may access SmartMove. You agree to be legally bound by these terms. This is an agreement between TURSS and you; State Regulatory Registry LLC is not a party to this agreement and has no obligations hereunder. The applicant licensee user agreement between you and State Regulatory Registry LLC that governs your use of the website http://www.statemortgageregistry.org and the various on-line software applications, materials, and services provided by State Regulatory Registry LLC, affiliates of State Regulatory Registry LLC and third parties in connection therewith.
General Terms
TURSS provides access to SmartMove to allow you to provide your credit and public record information (“Credit Information”) to third parties through TURSS’ platform. From time to time TURSS may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of other products and services.
After agreeing to the terms of this Agreement, when you access the Service you will be requested to authenticate your identity (using information from public records and credit information related to the identifying information that you provide (e.g. Social Security Number, Date of Birth) (“Identifying Information”)) and acknowledge that upon successful completion of identity verification, your Credit Information will be scored by TURSS and provided to third parties indicated on the request. You acknowledge and agree that TURSS is not responsible for any actions or decisions made by third parties who you have agreed to share your Credit Information.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed through SmartMove are the property of TURSS or its licensors and are protected by copyright, trademark and other laws. In addition, TURSS owns intellectual property rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TURSS or the owner of the Content.
Disclaimer of Warranties and Liabilities
THE SERVICES MADE AVAILABLE TO YOU ARE PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH OUR SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES (EVEN IF TURSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
TURSS reserves the right to publish or use any of Your responses, questions or comments emailed to it for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of TURSS.
Registration and Accurate Information
If you decide to register to use the Services, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TURSS promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Site.
Our Privacy Policy
By using the Services, you agree that TURSS may use and share your personal information in accordance with the terms of our Privacy Statement. Our privacy statement can be found at http://www.transunion.com/corporate/privacyPolicy.page.
Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM TURSS IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
Term and Termination; Modification
This Agreement will take effect at the time you click the check the box next to “I agree to the Applicant/Licensee Agreement and TransUnion® SmartMove® Service Agreement; or Agency Agreement as applicable” and this Agreement shall terminate (a) when either party gives notice of its intention to terminate to the other party hereto, to TURSS via the toll-free number set forth on the web site, or (b) if TURSS discontinues providing the Services, subject to your right to receive the benefits of a transaction that you have paid for or to obtain a refund of your payment.
TURSS may (i) change the terms of this Agreement or the feature of the Service, or (ii) change the Services, including eliminating or discontinuing any content or feature, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Services after TURSS has notified you of a change in the Agreement you agree to be bound by all of the changes.
Policy Regarding Children
TURSS defines children as individuals under the age of 16. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Services. You must be at least 18 to access the Services.
Notices
5.1 All communications or notices required or permitted by this Agreement shall be sufficiently given for all purposes hereunder if given in writing and delivered (i) personally, (ii) by United States first class mail, (iii) by reputable overnight delivery service, (iv) by electronic mail, or (v) by facsimile. All notices delivered in accordance with this Section shall be sent to the appropriate address or number, as set forth below:
TURSS:
TURSS, Inc.
RE: NMLS Notice
5889 S. Greenwood Plaza
Suite 201
Greenwood Village, CO 80111
Applicable Law
The laws applicable to the interpretation of the TransUnion® SmartMove® terms and conditions shall be the laws of the State of Colorado, USA, and applicable federal law, without regard to any conflict of law provisions. TURSS can provide credit reports only on individuals who have established credit in the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TURSS’ provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Denver County, Colorado, USA.
Before you may use TransUnion SmartMove to provide your Credit Information to third parties, we must obtain "written instructions" from you to give TURSS permission to obtain TransUnion credit history and public records report and share them with certain third parties.
Permission Statement
You understand that by accepting this agreement you are providing written instructions to TURSS to obtain information from your personal credit profile from TransUnion and public records sources. You authorize TURSS to obtain such information and to score such information and provide it to certain third parties who are requesting this information about you in connection with your license application(s). You acknowledge and agree that such third parties will be alerted to certain changes in your credit and public record background during the term of this Agreement.
Permission Confirmation
Please confirm your authorization for TURSS to obtain your credit profile from TransUnion and public records sources and to score such information and provide it to certain third parties who are requesting this information about you in connection with your license application(s).