Thank you ("Client") for using the Possession Partner, LLC ("Possession Partner"). Delinquency Management Platform (the "Platform").
In submitting a request for service on the Platform you hereby certify and confirm the following:
1. I have the capacity to and am fully authorized by the person/entity for whom an account was created on the Platform (hereinafter, the "Client") to request the generation of certain documentation and services made available to the Client on the Platform.
2. I have reviewed the rent accounts of each and every tenant and/or occupant for whom the Client has requested the generation of certain documentation and services on the Platform. I verify that all information upon which the documentation is based, including, but not limited to, tenant names and addresses, occupant names and addresses and the amounts of rent and additional rent allegedly due to the Client are true and accurate.
3. I confirm that the property/properties for which the Client desires to request the generation of certain documentation and services on the Platform has a valid Rental Housing License, a valid Multiple Dwelling Registration and/or the like for the jurisdiction/s in which said property/properties is/are located.
4. I confirm that all persons/entities who are named tenants and/or named occupants(where applicable) of the premises owned and/or managed by the Client and for which the Client desires to request the generation of certain documentation and services on the Platform are listed in my request herein.
5. I understand that Click Notices, Inc. is not licensed to practice law in any state and does not, in any way, practice law in any state.
6. I understand that Click Notices, Inc. may recommend attorneys for the Client to retain in order to represent the Client in court, but the Client is in no way obligated to retain any attorney that may be recommended by Click Notices, Inc. the Client may retain the attorney of its choosing whereby nothing shall prohibit the Client from retaining its own attorney.
7. By requesting the generation of certain documentation and services on the Platform, I confirm that the Client does not seek the payment of any sums of money from any tenant and/or occupant which have already been awarded to it through a judgment entered in a prior action or proceeding.
8. In the event that the Client desires to request the generation of certain documentation and services on the Platform for outstanding rent that is in excess of that which is due and owing by a tenant and/or occupant for the current month, I agree to delineate each month for which the payment of rent is due.
9. After due inquiry and investigation, I confirm that none of tenants and/or occupants for whom the Client has requested the generation of certain documentation and services on the Platform are currently in the military on active duty or dependent upon anybody in the military on active duty. If this information changes at any time, I agree to immediately advise Click Notices, Inc. I understand that the aforementioned information can be verified at www.dmdc.osd.mil/scra/owa/home. I understand that I may be requested to conduct a separate investigation about each tenant's and/or occupant's military status at a future time.
10. To the best of my knowledge, I confirm that none of tenants and/or occupants for the Client has requested the generation of certain documentation and services on the Platform has a current proceeding pending in United State Bankruptcy Court for protection under the United State Bankruptcy Code. If this information changes at any time, I agree to immediately advise Click Notices, Inc.
11. I agree that in the event that any of the tenants and/or occupants for whom the Client has requested the generation of certain documentation and services on the Platform receives a rent subsidy including, but not limited to a "Section 8" rental subsidy, I shall immediately advise Click Notices, Inc. of said subsidy and shall only request the generation of certain documentation and services on the Platform which solely reflect said tenant's and/or occupant's portion thereof.
12. I understand and acknowledge that upon selecting "Submit for Filing" on the Platform, any and all requests submitted by the Client are final and cannot be removed from the Platform.
13. During the pendency of any action/proceeding, the commencement of which was requested on the Platform through the Client's request to generate certain documentation and services thereon,the Client shall immediately advise Click Notices, Inc. of any and all payments made by any and all tenants and/or occupants after the Client requests the generation of said documentation and services.
14. Immediately upon request, the Client shall provide Click Notices, Inc. with an up-to-date accounting record of each and every tenant and/or occupant for which the generation of certain documentation and services was made on the Platform.
15. If there is a court appearance scheduled for any action or proceeding, the commencement of which was requested on the Platform through the Client's request to generate certain documentation and services thereon, the Client and/or an agent or representative thereof shall be available to Click Notices, Inc. by telephone and/or e-mail during the pendency of said court appearance.
16. By selecting "I Agree", the Client acknowledges that Click Notices, Inc. must reasonably rely on the accuracy of the information provided to it by the Client. The Client shall discharge Click Notices, Inc. from any liability which may attach to it based upon any inaccuracies provided to Click Notices, Inc. by the Client.
General Usage Terms:
1. Possession Partner retains all right, title, and interest in and to the Platform, including without limitation all computers, other hardware, and software incorporated into or used by the Platform, and this Agreement does not grant Client any intellectual property rights in the Platform or any of its components.
2. Client grants Possession Partner a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content (as defined as data entered into the Platform) in connection with the Platform through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
3. The following is not permitted for any reason whatsoever:
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Platform or any part thereof unless permitted by applicable law;
- removing, altering, or violating any copyright, trademark, or other intellectual property notices contained on or provided through the Platform;
- providing your password to any other person or using any other person’s username and password
4. Possession Partner will make reasonable efforts to keep the Platform operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Possession Partner reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Platform, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Platform or any function or feature thereof.
5. WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PLATFORM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POSSESSION PARTNER MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POSSESSION PARTNER DOES NOT WARRANT THAT THE PLATFORM IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.