Landlord Shareable for Rentals Terms and Conditions

This is the service agreement to use ShareAble® (“Service Agreement”). Your acknowledgement and agreement to these  terms, as well as the Terms and Conditions of the internet site you are accessing (“Site”), are required to access and/or use  TransUnion ShareAble. You agree to be legally bound by these terms. This Service Agreement is made and entered into  as by and between TransUnion Rental Screening Solutions, Inc. (“TURSS") and you/your company (“Subscriber,” “You” or  “Property Owner”). In consideration of the promises and mutual covenants hereinafter set forth, TURSS and Subscriber  hereto agree as follows:  

1. Scope of Agreement. This Agreement applies to any of those information services which Subscriber may desire  to receive from TURSS and which TURSS offers to Subscriber via this Site. Such information services shall  herein be collectively referred to as “Services” and all information derived therefrom shall be collectively referred  to as “Services Information.” Subscriber enters in this Agreement on behalf of itself and its affiliates under  common ownership and control, all of which are referred to collectively as Subscriber.  

2. Subscriber’s business. Subscriber certifies that it is utilizing the Services solely for assisting with making a  residential or storage leasing decision.  

3. Consumer Reporting Services  

3.1 Consumer Report Information. TURSS makes certain consumer report information services from consumer  reporting databases, including but not limited to consumer credit reports, and criminal record reports (“Consumer  Report Information”), available to its customers who have a permissible purpose for receiving such information in  accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) including, without limitation, all  amendments thereto (“FCRA”). For the purposes of this Agreement, the term “adverse action” shall have the  same meaning as that term is defined in the FCRA.  

3.2 FCRA Penalties. 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.  

3.3 Subscriber Certifications. Subscriber certifies that it shall request Consumer Report Information pursuant to the  written authorization of the consumer who is the subject of the Consumer Report Information. Subscriber certifies  that each such written authorization will expressly authorize Subscriber to obtain the Consumer Report  Information, and will contain at a minimum the subject’s name, address, social security number (where available)  and signature. Subscriber shall use such Consumer Report Information solely for Subscriber’s exclusive one-time  use and pursuant to the consumer’s written authorization and to use such information solely for assisting with  making a residential or storage lease decision, and for no other purpose, subject however, to the additional  restrictions set forth herein. Moreover, if requested by TURSS, Subscriber agrees to, and shall, individually certify  the permissible purpose for each Consumer Report Information it requests. Such individual certification shall be  made by Subscriber pursuant to instructions provided from time to time to Subscriber by TURSS. Nothing in this  certification, or elsewhere in this Agreement, is intended to allow Subscriber to purchase Consumer Report  Information for the purpose of selling or giving the report, or information contained in or derived from it, to the  subject of the report, or to any other third party, and Subscriber expressly agrees to refrain from such conduct  except where required by law.  

3.4 All rental decisions to be made by Subscriber. Subscriber acknowledges and agrees that all decisions of whether  or not to rent property to a particular Applicant or Tenant, as well as the length of and terms of any such rental,  will be made by Subscriber. TURSS shall have no liability to Subscriber or to any Applicant, Tenant, or other  person or entity for any rental, or the failure to rent, to any Applicant or Tenant or the terms of any such rental,  regardless of whether or not Subscriber’s decision was based on Consumer Report Information, public records, or  other information provided to Subscriber by TURSS.  

3.5 Compliance with Laws. Subscriber shall be responsible for compliance with all applicable federal (including, but  not limited to the FCRA) and state laws, rules, regulations and judicial actions, as now or as may become  effective, to which it is subject. 

3.6 Subscriber certifies it shall comply with all requirements related to the public record information (“Public Record  Information”) and other applicable data use restrictions (“Data Source Requirements”) described at  http://rentalscreening.transunion.com/sites/default/files/RS-Data-Source-Requirements-Agreement.pdf, which  may be altered by TURSS from time to time, and certifies that any distribution of the Public Record Information or  a Consumer Report shall comply with and contain the state-specific requirements described at  http://rentalscreening.transunion.com/sites/default/files/RS-Data-Source-Requirements-Agreement.pdf which may  be altered by TURSS from time to time.  

4. Ancillary Services 

4.1 Fraud Prevention Services. TURSS offers several fraud prevention services that evaluate inquiry input elements  against other input elements and/or against proprietary databases, to identify potential discrepancies and/or  inaccuracies. Fraud prevention service messages may be delivered with Consumer Report Information as a  convenience, but are not part of a consumer’s file nor are they intended to be consumer reports. In the event  

Subscriber obtains any fraud prevention services from TURSS in conjunction with Consumer Report Information  or as a standalone service, Subscriber shall not use the fraud prevention services, in whole or in part, as a factor  in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment, nor for any  other purposes under the FCRA. Moreover, Subscriber shall not take any adverse action, which is based in whole  or in part on the fraud prevention services, against any consumer. As a result of information obtained from the  fraud prevention services, it is understood that Subscriber may choose to obtain additional information from one  or more additional independent sources. Any action or decision as to any individual which is taken or made by  Subscriber based solely on such additional information obtained from such additional independent source(s) shall  not be deemed prohibited by this paragraph.  

4.2 Scores. Subscriber may request, in writing, that TURSS provide Subscriber certain credit scores, which shall  include ResidentScore, collectively referred to herein as “Score(s),” for Subscriber’s exclusive use. TURSS  agrees to perform such processing as reasonably practicable. Subscriber shall use Scores only in accordance  with its permissible purpose under the FCRA certified at the time of its request for such Scores; and, may store  Scores solely for Subscriber’s own use in furtherance of Subscriber’s original purpose for obtaining the Scores.  Subscriber shall not use the Scores for model development or model calibration and shall not reverse engineer  the Scores.  

4.2.1 Adverse Action Factors. Subscriber recognizes that factors other than the Scores may be considered  in making a decision as to a consumer. Such other factors include, but are not limited to, the credit  report, the individual account history, application information, and economic factors. TURSS may  provide score reason codes to Subscriber, which are designed to indicate the principal factors that  contributed to the 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”). The Score itself, when accompanied by the corresponding reason codes, may also be  disclosed to the consumer who is the subject of the Score. However, the Score itself may not be  used as the reason for adverse action under Reg. B.  

4.2.2 Confidentiality of Scores. Scores are proprietary to TURSS and without appropriate prior written  consent, Scores may not be sold, licensed, copied, reused, disclosed, reproduced, revealed or made  accessible, in whole or in part, to any Person except: (a) as expressly permitted herein; (b) to those  employees of Subscriber with a need to know and in the course of their employment; (c) to those third  party processing agents of Subscriber who have executed an agreement that limits the use of the  Scores by the third party only to the use permitted to Subscriber and contains the prohibitions set  forth herein regarding model development, model calibration and reverse engineering; (d) when  accompanied by the corresponding reason codes, to the consumer who is the subject of the Score;  or (e) as required by law. Subscriber shall not, nor permit any third party to, publicly disseminate any  results of the validations or other reports derived from the Scores without prior written consent.  

4.2.3 Score Performance. Certain Scores are implemented with standard minimum exclusion criteria.  TURSS shall not be liable to Subscriber for any claim, injury or damage suffered directly or indirectly  by Subscriber as a result of any Subscriber requested changes to the exclusion criteria which result in  normally excluded records being scored by such Scores. TURSS warrants that the scoring  algorithms used in the computation of the scoring services, provided under this Agreement,  ("Models") are empirically derived from credit data and are a demonstrably and statistically sound  method of rank-ordering candidate records with respect to the purpose of the Scores when applied to  the population for which they were developed, and that no scoring algorithm used by a Score uses a  "prohibited basis" as that term is defined in ECOA and Reg. B promulgated thereunder. Scores 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.  

4.2.4 Scores without score factors / adverse action codes. Scores without score factors / adverse action  codes may be made available to Subscriber in conjunction with Subscriber's request for Consumer  Report Information. Subscriber hereby represents and warrants that when Subscriber requests Scores  without score factors / adverse action codes, Subscriber shall not use such Scores, nor any information  derived therefrom to take any adverse action as to any individual consumer.  

4.2.5 Third Party Scores and Other Third Party Services. TURSS has the capability to offer scores derived  from models built jointly with third parties, and other services provided by third parties, which are  subject to additional warranties offered or terms imposed by such third parties. If desired by  Subscriber, such third party scores and services shall be made available pursuant to separate  agreement, which shall be appended as a schedule to this Agreement.  

4.3 Subscriber Forms. TURSS may offer the ability to electronically maintain and make available to Subscriber, at  Subscriber’s request and direction, Subscriber’s forms including, but not limited to, lease forms, lease addenda,  and consumer correspondence. Subscriber acknowledges and agrees that it is Subscriber’s obligation to ensure  the accuracy and completeness of the forms and to ensure its compliance with all applicable laws related to the  use of such forms. TURSS makes no representations or warranties as to the content or use of such forms.  

4.4 Subscriber Access. Subscriber agrees that TURSS may store data provided to Subscriber hereunder on behalf of  Subscriber to be used by Subscriber solely for audit or compliance purposes and for no other purpose. All data  stored on behalf of Subscriber by TURSS shall be owned by Subscriber and may not be modified in any manner.  

5. Additional Terms and Conditions  

5.1 Confidentiality. Subscriber shall hold all Services Information in confidence and shall not disclose the Services to  any third party, except as required by law (i.e., an order of a court or data request from an administrative or  governmental agency with competent jurisdiction) to be disclosed; provided however, that Subscriber shall  provide TURSS ten (10) days prior written notice before the disclosure of such information pursuant to this  Paragraph 3.9. However, this restriction shall not prohibit Subscriber from disclosing to the subject of the  Consumer Report Information, who is the subject of an adverse action, the content of the Consumer Report  Information as it relates to any such adverse action.  

5.2 Safeguards. Each party shall implement, and shall take measures to maintain, reasonable and appropriate  administrative, technical, and physical security safeguards ("Safeguards”) to (a) insure the security and  confidentiality of personal information; (b) protect against anticipated threats or hazards to the security or integrity  of personal information; and (c) protect against unauthorized access or use of personal information that could  result in substantial harm or inconvenience to any consumer. When a consumer’s first name or first initial and last  name in combination with a social security number, driver’s license or Identification Card Number, or account  number, credit or debit card number, in combination with any required security code, access code, or password  that would permit access to an individual’s financial account (“Personal Information”), is delivered to Subscriber,  Subscriber shall implement and maintain reasonable security procedures and practices appropriate to the nature  of the information and to protect the Personal Information from unauthorized access, destruction, use,  modification, or disclosure. Subscriber shall notify TURSS in writing as soon as practicable but in no event later  than forty-eight hours after which Subscriber becomes aware of any potential and/or actual misappropriation of,  and/or any unauthorized disclosures of, any information provided to Subscriber by TURSS, including, but not  limited to theft, loss or interception of Consumer Report Information, unauthorized use of TURSS subscriber  codes and passwords, unauthorized entry to the facilities where TURSS data may have been accessible, or  unauthorized release of or access to TURSS data by an employee or Agent of Subscriber. Subscriber shall fully  cooperate with TURSS in any communications to consumers regarding the data incident and mitigating, to the  extent practicable, any damages due to such misappropriation and/or unauthorized disclosure. Such cooperation  shall include, but not necessarily be limited to, allowing TURSS to participate in the investigation of the cause and  extent of such misappropriation and/or unauthorized disclosure. Such cooperation shall not relieve Subscriber of  any liability it may have as a result of such a misappropriation and/or unauthorized disclosure. Moreover, without  TURSS’s prior consent, Subscriber shall make no public notification, including but not limited to press releases or  consumer notifications, of the potential or actual occurrence of such misappropriation and/or unauthorized  disclosure of any such information provided to Subscriber. 

5.3 Authorized Requests. Subscriber shall use the Services: (a) for its certified permissible purpose above to assist in  making a residential or storage lease decision; (b) solely for Subscriber’s exclusive one-time use; and (c) subject  to the terms and conditions of this Agreement. Subscriber shall not request, obtain or use 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 Subscriber’s own data, or  otherwise in any service which is derived from the Services. Services shall be requested by, and disclosed by  Subscriber to only Subscriber’s designated and authorized employees having a need to know and only to the  extent necessary to enable Subscriber to use the Services in accordance with this Agreement. Subscriber shall  ensure that such Subscriber designated and authorized employees shall not attempt to obtain any Services on  themselves, associates, or any other person except in the exercise of their official duties.  

5.4 Third Party Intermediaries. In the event Subscriber will utilize a third party intermediary (e.g., Internet service  provider or other network provider) for the purpose of receiving Services, Subscriber shall first enter into an  agreement with such third party under which such third party acts solely as a network conduit for the delivery of  the Services to Subscriber and which prohibits such third party from using, or otherwise accessing, the Services  for any other purpose. Subscriber shall be solely liable for any actions or omissions of such third parties which  result in a breach of this Agreement.  

5.5 Rights to Services. Subscriber shall not attempt, directly or indirectly, to reverse engineer, decompile, or  disassemble Services or any confidential or proprietary criteria developed or used by TURSS relating to the  Services provided under this Agreement. Except as explicitly set forth in this Agreement, the entire right, title and  interest in and to the Services shall at all times vest exclusively in TURSS. TURSS reserves all rights not explicitly  granted to Subscriber under this Agreement.  

5.6 Notwithstanding anything to the contrary in the Agreement, TURSS hereby grants a limited, non-exclusive, non transferable license to the Public Record Information, and the Services derived from the Public Record  Information, from TURSS and that the material content of the Public Record Information and the Consumer  Reports delivered by TURSS may not be altered, edited, or otherwise changed without the prior written consent  from TURSS.  

5.7 Fees and Payments. The Subscriber is responsible for the full payment of the Services. Upon delivery of the  Services, Subscriber will be responsible for immediate payment, and outstanding amounts may be subject to a  late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law,  whichever is less. If collection efforts are required, Subscriber shall pay all costs of collection, including  reasonable attorney’s fees.  

5.7.1 In addition, in the event that TURSS’s cost of rendering Services increases as a result of federal,  state or local laws, ordinances or other regulatory, administrative or governmental acts, then TURSS  may implement a surcharge subject to the following: (a) any surcharge will be applicable generally to  TURSS’s customers; and (b) any surcharge will be applied only to services pertaining to consumers  in the geographic area so affected. A legislative surcharge is imposed on certain types of reports  pertaining to consumers residing in the United States, and an additional surcharge is imposed on  certain reports pertaining to only Colorado residents.  

5.8 Term, Termination and Survival. The term of this Agreement shall commence upon the agreeing to the terms of  this Agreement and shall remain in effect until terminated by any party hereto for any reason whatsoever.  

5.8.1 With the exception of TURSS’s obligation to provide Services under this Agreement, all provisions of  this Agreement shall survive any such termination of this Agreement including, but not limited to, all  restrictions on Subscriber’s use of Services Information. Moreover, any such termination shall not  relieve Subscriber of any fees or other payments due to TURSS through the date of any such  termination nor affect any rights, duties or obligations of either party that accrue prior to the effective  date of any such termination.  

5.9 Limited Warranty. TURSS represents and warrants that the Services will be provided in a professional and  workmanlike manner consistent with industry standards. TURSS DOES NOT WARRANT THE SERVICES TO BE  UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET SUBSCRIBER’S  REQUIREMENTS. THE WARRANTY SET FORTH IN THIS SECTION 4.12 IS IN LIEU OF ALL OTHER  WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,  WARRANTIES THAT MIGHT BE IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE  USAGE OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

5.10 Limitation of Liability. TURSS’S SOLE LIABILITY, AND SUBSCRIBER’S SOLE REMEDY, FOR  VIOLATIONS OF THIS AGREEMENT BY TURSS OR FOR BREACH OF TURSS’S OBLIGATIONS SHALL BE  THE CORRECTION OF ANY DEFECTIVE SERVICE OR THE REFUND OF FEES PAID FOR SAME.  

5.10.1 IN NO EVENT SHALL TURSS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,  SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH 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 TURSS HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY  NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  

5.10.2 ADDITIONALLY, TURSS SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY AND ALL CLAIMS  ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT BROUGHT MORE THAN TWO  (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.  

5.11 Notwithstanding anything to the contrary in the Agreement, use of Public Record Information, and the  Services derived from the Public Record Information, from TURSS shall be subject to the following: THE PUBLIC  RECORD INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURSS AND ITS DATA  PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT  TO THE PUBLIC RECORD INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH  RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, TURSS AND ITS DATA PROVIDERS DO NOT  GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS,  MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PUBLIC  RECORD INFORMATION AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR  CAUSED IN WHOLE OR IN PART BY USE OF THE PUBLIC RECORD INFORMATION. Subscriber shall  indemnify, defend, and hold harmless TURSS and its data providers, from and against any and all liabilities,  damages, losses, claims, costs, fees, and expenses (including but not limited to reasonable attorney and expert  witness fees and expenses) arising out of or related to Subscriber’s use of the Public Record Information obtained  from TURSS. Subscriber acknowledges and agrees that TURSS’s data providers are a third party beneficiary of  the provisions of this section, with right of enforcement.  

5.12 Assignment and Subcontracting. Subscriber may not assign or otherwise transfer this Agreement, in  whole or in part without the prior written consent of TURSS. TURSS may assign or transfer this Agreement to an  affiliate or in the event of a purchase of substantially all of TURSS’s assets or in the event of a corporate form  reorganization (e.g., LLC to C-Corporation). Moreover, TURSS shall have the unrestricted right to subcontract the  Services to be provided to Subscriber by TURSS under this Agreement; provided however, that such  subcontracting shall not relieve TURSS of its obligations under this Agreement. The limited warranty and  limitation of liability provisions set forth in this Agreement shall also apply for the benefit of TURSS’s licensors,  subcontractors and agents.  

5.13 No Waiver. No failure on the part of either party to enforce any covenant, agreement, or condition of this  Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or  impair the right of either party to enforce the same in the event of any subsequent breach by the other party.  

5.14 Independent Contractors. This Agreement is not intended to create or evidence any employer-employee  arrangement, agency, partnership, joint venture, or similar relationship.  

5.15 Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as  to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or  invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity,  without invalidating the remainder of this Agreement.  

5.16 Force Majeure. TURSS shall not be liable for any delay in performance or failure to perform under this  Agreement if such delay or failure us caused by conditions beyond TURSS’ reasonable control.  

5.17 Audit Rights. During the term of this Agreement and for a period of five (5) years thereafter, TURSS may  audit Subscriber’s policies, procedures and records which pertain to this Agreement, to ensure compliance with  this Agreement, upon reasonable notice and during normal business hours. 

5.18 Governing Law. This Agreement shall be construed and governed by the laws of the State of Illinois,  without reference to the choice of law principles thereof.  

5.19 Notices. Subscriber acknowledges and agrees that any notice provided by TURSS to any electronic mail  address provided by Subscriber shall suffice for proper notice under this Agreement. Additionally, all of  Subscriber’s communications or notices required or permitted by this Agreement shall be sufficiently given for all  purposes hereunder if given in writing and delivered to TURSS (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 for TURSS shall be sent to the appropriate address or number, as set forth below:  TURSS: TransUnion Rental Screening Solutions  

Attn.: Counsel for TURSS  

555 W. Adams St. Chicago, IL 60661  

5.20 Trademarks. Both Subscriber and TURSS shall submit to the other party for written approval, prior to use,  distribution, or disclosure, any material including, but not limited to, all advertising, promotion, or publicity in which  any trade name, trademark, service mark, and/or logo (hereinafter collectively referred to as the “Marks“) of the  other party are used (the ”Materials"). Both parties shall have the right to require, at each party’s respective  discretion and as communicated in writing, the correction or deletion of any misleading, false, or objectionable  material from any Materials. Neither party shall remove any of the other party’s Marks from any information  materials nor reports provided to the other party and shall comply with the other party’s instructions with respect  to the use of any such Marks. Moreover, when using the other party’s Marks pursuant to this Agreement, a party  shall take all reasonable measures required to protect the other party’s rights in such Marks, including, but not  limited to, the inclusion of a prominent legend identifying such Marks as the property of the other party. In using  each other’s Marks pursuant to this Agreement, each party acknowledges and agrees that (i) the other party’s  Marks are and shall remain the sole properties of the other party, (ii) nothing in this Agreement shall confer in a  party any right of ownership in the other party’s Marks, and (iii) neither party shall contest the validity of the other  party’s Marks. Notwithstanding anything in this Agreement to the contrary, without the prior written approval of  Subscriber, TURSS shall have the right to disclose to third parties Subscriber’s marks in consumer credit reports  containing Subscriber’s account information.  

5.21 By signing this Agreement, Subscriber acknowledges receipt of a copy of the Federal Trade  Commission’s “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA“ and a copy of the  Consumer Financial Protection Bureau’s ”Using Consumer Reports: What Employers Need to Know".  

5.22 The individual executing this Agreement has direct knowledge of all facts certified and the authority to  both execute this Agreement on behalf of Subscriber and bind Subscriber to the terms of this Agreement.  5.23 TruValidate Services.  

5.23.1 In connection with the Services, Subscriber desires to obtain TransUnion’s TruValidate Service  pursuant to the following additional terms and conditions:  

5.23.1.1 Subscriber and its employees shall comply with all applicable federal, state and local  laws, statutes, rules and regulations including, but not limited to, Section (6802) (e) of the  Gramm-Leach-Bliley Act (“GLB”), Title V, Subtitle A, Financial Privacy (15 U.S.C. § 6801-6809)  and the United States Federal Trade Commission rules promulgated thereunder, all other  applicable privacy laws, “do not call” laws, the Drivers Privacy Protection Act (18 U.S.C. § 2721 et  seq.) (“DPPA”) and similar and/or associated state laws and regulations governing the use and  disclosure of drivers’ license information, and the Telephone Consumer Protection Act (47 U.S.C.  § 227) (“TCPA”), Foreign Corrupt Practices Act of 1977 (15 U.S.C. §§ 78dd-1, et seq.) (“FCPA”),  the California Consumer Privacy Act, (California Civil Code §1798.100 et seq.) (“CCPA”), and  similar and/or associated state laws and regulations. Subscriber and its employees, agent(s), or  contractor(s) shall comply with relevant Federal and State laws regulating the collection, use, and  retention of biometric information.  

5.23.1.2 Subscriber shall comply with all terms and guidelines contained in TransUnion user  guides and other related documentation (together, the “Documentation”) provided by  

TransUnion in connection with the Services.  

5.23.1.3 TransUnion and its affiliates may use the data that Subscriber provides only in  connection with the Services and as may be provided by Service Agreement. TransUnion and its  affiliates may not use such data for any other purpose.  

5.23.1.4 With respect to each Subscriber request for TruValidate Services, Subscriber hereby  certifies that Subscriber is the user of the Services and that Subscriber and its employees will  request, obtain and use such Services only for the following GLB Permitted Use (“Permitted  Use”): 

5.23.1.4.1 To use in the normal course of business to verify the accuracy of information submitted  by the consumer and if it is not correct, to obtain the correct information, but only to protect against or prevent actual fraud, unauthorized transactions, claims or other liability.  

5.23.1.5 Subscriber shall not request, obtain or use Services for marketing purposes nor for any  purpose except as expressly provided for herein. Moreover, Subscriber shall not take any adverse action, which is based in whole or in part on the TruValidate Services, against any consumer. For the purposes of this Service Agreement, the terms “adverse action” and “consumer” shall have the same respective meaning as those terms are defined in the FCRA.  5.23.1.6 In no event shall Subscriber use any of the TruValidate Services, in whole or in part, as a  factor in establishing an individual’s creditworthiness or eligibility for (i) credit or insurance, or (ii)  employment, nor for any other purpose under the Fair Credit Reporting Act (15 U.S.C. §1681 et  seq.) (“FCRA”).  

5.23.1.7 To the extent that any TruValidate Service contains, in whole or in part, Consumer  Reports as defined in the FCRA, Subscriber certifies that it will request and use these Services  solely for one of the permissible purposes certified in the Service Agreement. Subscriber may  request and use Account Verification only subject to the written authorization of the subject consumer.  

5.23.2 TransUnion hereby provides Subscriber a limited, nonexclusive, non-transferable, non-sub licensable,  revocable license to use the TruValidate Services (together with all content therein, and all applications, programs, license keys, patches, updates, or upgrades provided by TransUnion, and  any improvements, modifications, enhancements, fixes and revised versions of any of the foregoing,  and any derivative works of any of the foregoing, and any combination of the foregoing, collectively  defined herein as the “Software”, during the term of the applicable Service Agreements, solely for the  purposes described herein and in the Documentation. As between the parties, TransUnion retains all  right, title, and interest in and to the Software and Service and all copies and derivative works thereof,  which rights include, but are not limited to, patent, copyright, trademark, trade secret, and all other  intellectual property rights. TransUnion reserves all rights not expressly granted herein and, except as  expressly granted in the Service Agreements or this Addendum, no right or license is granted to  Subscriber hereunder, express or implied or by way of estoppel, to any technology or intellectual  property rights.  

5.23.3 Subscriber shall not, directly or indirectly, authorize any person or entity to: (i) sell, rent, lease,  distribute, redistribute or transfer the TruValidate Services or any software development kit, as  applicable, or any rights in any of the Software, or use the TruValidate Services in a hosted or  managed services environment; (ii) reverse engineer, decompile, disassemble, re-engineer or  otherwise create or attempt to create or permit, allow, or assist others to create or derive the source code of the TruValidate Services, or its structural framework; (iii) modify or create derivative works of  the Software; (iv) use the TruValidate Services in whole or in part for any purpose except as  expressly provided under this Agreement or in the Documentation; (vi) remove any proprietary notice,  labels, or marks on or in Software; or (vii) disable or circumvent any access control or related device,  process or procedure established with respect to the Software. Subscriber may not use the TruValidate Services for illegal or unlawful or malicious activities.  

5.23.4 Subscriber agrees that any performance agreements, uptime commitments, performance metrics,  and service level commitments contained in the Agreement, any Service Agreement, or statement of  work, shall not apply to TruValidate Services.

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