Jetty Credit Terms & Conditions of Use
Effective as of: February 5, 2024
These Terms and Conditions (“Terms”) are between you (“you” or the “Resident”) and Jetty National, Inc. (“Jetty,” “we,” “us” or “our”), that set forth the terms and conditions for your use of the Jetty Credit Services (“Jetty Credit” or the “Service”).
Please read and review these terms. Additional Terms and Conditions concerning our website and the use of our products can be found here. By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Service.
Jetty Credit is intended for and limited to users in the United States, and may be further limited based upon product approvals and other regulatory considerations. We reserve the right to determine eligibility.
These Terms are in effect as of the date listed above. We reserve the right to modify these Terms from time to time and we will notify you of any material changes to these Terms via e-mail or other communication means. Your continued use of Jetty Credit after any such changes constitutes an acceptance of the amended Terms.
Jetty Credit is Jetty’s proprietary tenant rent payment consumer reporting product. Jetty furnishes resident rent payments to major credit reporting agencies (“CRAs”) including Equifax, Experian, and Transunion, and third-party data furnishers, which are subject to change at Jetty’s sole discretion. You acknowledge that each bureau has unique approaches to rental payment furnishing and reporting. Residents have the ability to “opt-out” of the reporting services at any time on your account page or by submitting an opt-out request.
While Jetty takes all commercially reasonable steps to report data correctly to the credit bureaus according to their methods and recommendations, Jetty cannot guarantee the accuracy of the data on Resident’s credit report. You understand that it may take up to three months for rental payment data to appear on credit bureau records. If you deem any payment data found on your credit report to be inaccurate, Jetty will assist you in investigating the issue upon your request. In addition, you may file a dispute directly with credit bureaus. You understand that a credit freeze does not prevent Jetty from sending data to credit bureaus. Credit freezes only prevent the credit bureau from providing Jetty and others with information from your credit profile.
In addition to the Service above, we may collect your information, including but not limited to information retrieved from property management systems from our property management partners, our application, or other information provided by you.
You acknowledge that Jetty is not a credit bureau and does not have direct influence over any aspect of credit, credit profiles, or how credit scores are calculated.
Pricing and Billing
If you elect to sign up for the Service, the price will be made clear during the order process. You agree to pay the price stated at the time of your sign up. You also agree to the billing frequency stated at the time of your order.
If you elect to sign up for the Service, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency until you cancel or opt out of the service. We will continue to automatically bill you each month, and you will continue to be charged at the stated price, unless (a) opt-out of the Service or (b) we decline provide the service pursuant to the terms herein.
When you opt-out of the Service, you cancel only future charges associated with the Service. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current billing period.
We may change the Service’s terms or fees at any time on a go forward basis in our sole discretion. If the pricing for the Service increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. Your failure to cancel or your continued use of the Service after the changes become effective will constitute your acceptance of the changes.
Specific Consents Granted by your Enrollment
By agreeing to these Terms, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement):
You understand that by enrolling in Jetty Credit, you are providing ‘written instructions’ to Jetty under the Fair Credit Reporting Act (“FCRA”) authorizing Jetty to enable rent reporting to major CRAs. You have the ability to “opt-out” of the reporting services at any time on your account page or by submitting an opt-out request.
Note that Jetty Credit does not extend credit to you. Jetty merely reports on the status of your rent payments. If we are unable to verify the identity of all parties involved, Jetty reserves the right to deny use of our Service in accordance with KYC (Know Your Customer) and AML (Anti-Money Laundering) regulations, or for any fair reason we deem will materially affect the business. Jetty also reserves the right to deny service for missed rent payments. However, at no time should these denials be misconstrued as a denial of credit.
JETTY, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “JETTY PARTIES”) DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SERVICE AND JETTY DISCLAIMS LIABILITY FOR ERRORS WITH THE SERVICE. WITH RESPECT TO THE SERVICE YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT JETTY IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE CREDIT REPORTING AGENCIES (EXPERIAN, TRANSUNION, EQUIFAX) ACTUALLY FURNISHING THE CREDIT PROFILES AND SCORES AT ISSUE BETWEEN YOU AND THIRD-PARTY SITES (IN THE CASE OF THIRD-PARTY PRODUCTS AND SERVICES); THEREFORE, THE JETTY PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT PROFILES AND SCORES OR FOR THE CONTENT, AVAILABILITY, OR LEGALITY OF ANY OF THE PRODUCTS AND SERVICES MADE BY THIRD-PARTY SITES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, AND ALL CONTENT ARE PROVIDED, TO THE MAXIMUM EXTENT OF THE LAW "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JETTY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES REGARDLESS OF THE TYPE OF CLAIM OR ACTION, EVEN IF JETTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent that Jetty may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Jetty liability will be equal to the amount the user paid to access the Services or the minimum amount permitted under such applicable law.
We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We retain the right to amend, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. We also reserve the right, in our sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on www.jetty.com and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes, we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services. If you do not close your account you will be deemed to have accepted the changes.
You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and agents harmless from and against any claims, damages, demands, obligations, losses, liability and expenses, including reasonable attorneys fees, arising from: (i) your use of the Services; (ii) any breach of these Terms; and (iii) any violation by you of any third-party right, including without limitation any copyright, property, publicity or privacy right. This includes all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any modification or termination of these Terms and your use of the Services.
Location and Choice of Law
We operate in the United States, as may be further limited from time to time. You are not authorized to access or use the Services from outside the United States. All claims arising out of these Terms or relating to the Services will be governed by the laws of the state of New York, excluding the application of its conflicts of law rules.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. These Terms set forth the entire understanding and agreement between you and Jetty with respect to the subject matter hereof.
If you have any questions about these Terms of Service:
Jetty Insurance Agency LLC
217 Centre Street Mailbox 118
New York, NY 10013