Terms of Service

1. Terms

Predictive Risk Assessment, LLC, doing business as Tenant Risk Assessment (“TRA”), has developed and owns all right, title and interest in and to a software program for self-service credit analysis (“TRA Dash”). This program is available exclusively on TRA’s website [insert name], which website is solely owned and operated by TRA (the “Site”). TRA is aware of the trust you place in us and our responsibility to protect your privacy. These Terms and Conditions of Use (“Terms”) set forth the terms and conditions for the use of this Site. By accessing the Site and using the TRA Dash software provided on the Site (the “Services”), you are accepting these Terms. These Terms may be revised from time to time, and the changes will become effective immediately. Please revisit this page to remain fully informed about our Terms.

2. Use

Upon entering the Site, you will be required to create a profile (the “Profile”). In connection with that Profile, you will be required to accept and agree to these Terms. You will also need to provide a valid credit card and business email address. Once you have created your Profile, you will be able to generate credit reports for tenants with whom you are considering entering into a business relationship. To generate such reports, you will enter the proposed tenant’s applicable financial information and some general business details of such tenant into several information fields. You will collect this information from the tenant’s financial statements (e.g., income statement, balance sheet, tax return). Once you have completed all such information fields, you will be able to “submit” the completed information, which will immediately generate a credit report (the “Report”) on the tenant. Users can download a copy of the Report in portable document format (“pdf”). Users can email the Report to themselves or share it with selected third parties whose email addresses will need to be provided in the User’s Profile.

3. License

(i) These Terms provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and TRA Dash conditioned on your continued compliance with these Terms. Permission is granted to download a “pdf” of the Report from the Site for your professional purposes only, including decision-making and information gathering for your potential tenants. This is a grant of a license, not a transfer of title, and under this license you may not:

4. Disclaimer

Your use of the Site or the Service is at your sole risk. The materials on the Site are provided on an "as is" and “as available” basis. TRA expressly disclaims all warranties, express or implied, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TRA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of TRA Dash or the materials on its Site or otherwise relating to such materials or on any sites linked to the Site. TRA does not warrant that (i) the Site or the Services will meet your requirements; (ii) the Site or Service will be uninterrupted, timely, or error-free; (iii) the quality of the Services will meet your expectations; or (iv) any errors in the Service or the Site will be corrected. Notwithstanding the foregoing, TRA hereby acknowledges that the Site shall be secure as to any and all financial information entered by you into your Profile; provided, however, that it is understood and agreed that at such time as your Report is generated and downloaded, any and all responsibility for the ongoing security of any and all private financial and other information submitted by you in order to generate the Report shall be and remain your sole responsibility.

5. Confidentiality

You and TRA each acknowledge that they have and will be provided with certain confidential and proprietary information of the other in the course of performing or receiving, as the case may be, the Services under this Agreement. Each of you and TRA agrees that it will not (a) disclose the confidential information of the other to any other person except to employees, attorneys and third parties who need to know such information in order to perform its obligations under this Agreement and who agree to be bound by this Section 5 or (b) use the confidential information of the other except as necessary to perform its obligations under this Agreement. Confidential and proprietary information will not include any information which (i) is or becomes generally known to the public other than as a result of a disclosure by the receiving party, (ii) can be established to have been developed independently by or known to the receiving party on a non-confidential basis prior to disclosure by the disclosing party or (iii) is provided to the receiving party on a non-confidential basis by an unrelated person who has the right to disclose it subsequent to the disclosure by the disclosing party. Notwithstanding the foregoing, the receiving party may disclose confidential and proprietary information if such disclosure is required pursuant to a valid and enforceable court order, discovery obligation or subpoena, or is required to establish rights under this Agreement; provided, however, that (x) in such circumstances, the receiving party shall afford the disclosing party reasonable prior notice of such disclosure and a reasonable opportunity to intervene in any relevant proceedings to secure appropriate confidential treatment for any such confidential and proprietary information, and (y) disclosure pursuant to this sentence shall not cause any such confidential and proprietary information to no longer be subject to the confidentiality provisions of the preceding sentences of this Section 5. The provisions of this Section 5 shall survive the expiration or termination of this Agreement. The parties hereby acknowledge and agree that all information with respect to pricing under this Agreement is confidential.

6. Fees and Payment Terms

Fees for the use of the Site and the Services hereunder shall be as follows:

a. Subscriptions shall be available on a monthly or annual basis. The cost for a monthly subscription shall be $30.00 per month; the cost for an annual subscription shall be $300.00 per year. You shall make such choice at the time you complete your Profile. Upon completion of your Profile and your
subscription election, the credit card you have provided will be charged for such subscription,

b. The cost for Reports ordered hereunder shall be $350.00 per Report. Upon generation of any Report, the credit card you have provided will be charged for such Report(s).

7. Limitations/Indemnity

You expressly understand and agree that in no event shall TRA be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of (i) the use or inability to use the materials on the Site, even if TRA has been notified orally or in writing of the possibility of such damage; (ii) unauthorized access to or alteration of your transmissions entered through the Site; (iii) statements or conduct of any third party on the Service or Site; (iv) errors, mistakes or inaccuracies of any content on the Site; or (v) any other matter relating to the Service or Site. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You agree to defend, indemnify and hold harmless TRA, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site or TRA Dash; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you; and (iv) your use of the Site or Service to interact or communicate with other users and any losses claimed as a result thereof.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TRA, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING TRA’S SERVICES OR THE SITE, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE TRA Dash, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TRA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TRA WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM TRA, OR THROUGH THE SITE OR SERVICES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF TRA, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED THE COST OF THE REPORT AND ANY MONTHLY SERVICE FEES PAID BY YOU FOR THE USE OF THE SITE.

8. Revisions and Errors

TRA does not warrant that any of the materials on its Site are accurate, complete, or current. TRA may make changes to the materials contained on the Site at any time without notice.

9. Links

The Site may contain links to third-party websites that we do not control. TRA has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TRA of the site. Use of any such linked web site is at the user's own risk.

10. Terms of Service Modifications

TRA may revise these Terms for the Site at any time without notice. By using this Site you are agreeing to be bound by the then-current version of these Terms.

11. Profile and Passwords

If you create a Profile via the Site, you agree to complete the Profile by providing TRA with current, complete, and accurate information. You are responsible for safeguarding any password that you use to access any areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify TRA of any unauthorized use of your password.

12. TRA Intellectual Property Rights

All right, title, and interest in and to all content, text, images, and other materials on the Site are either owned or licensed by us or by a third party, and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use content, text, images, and other materials on the Site. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images, or other materials offered via the Site. You may not copy or modify the HTML code used to generate web pages on the Site. All trademarks, service marks, and trade names that appear on the Site are proprietary to TRA, its affiliates, or other respective owners. You may not display or reproduce these trademarks, service marks, or trade names other than with the prior written consent of TRA, and you may not remove or otherwise modify any trademark notices from any content, text, images, or other materials received through the Site.

13. Construction

In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

14. Governing Law

Any claim relating to TRA and/or the Site shall be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

15. Entire Agreement

These Terms, and the other policies, terms, guidelines, and rules referenced herein, constitute the entire and exclusive agreement between TRA and you regarding TRA, the Site, TRA Dash, and the Services and supersede and replace any prior agreements between TRA and you regarding TRA, the Site, TRA Dash, and the Service.

16. Cancellation Policy

TRA requires a 30-day written notice for all cancellations. Any cancellations that are received after the 15th of the month will be invoiced for the following full month. Written notice hereunder shall be by email to the email address
set forth below. If you cancel an annual subscription you shall be entitled to a refund for the remaining month(s) of the current year of subscription at the rate of $25.00 per month; provided however that no such refund shall be
made for the month immediately following such notice of cancellation if such notice is not made on or before the 15th day of the month of such notice. All refunds made hereunder shall be by credit to the payment method.

If you have any questions about these Terms of Service, please contact TRA at: technology@tra-llc.com Attn: Terms of Service Questions

IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE EXIT THE SITE IMMEDIATELY

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