At Dwelling, we’re committed to preserving the integrity of the relationship with you and providing the best experience on our websites. Use the resources below to learn about our site terms, viewing recommendations, and intellectual property protections. If you do not agree to these terms without limitation or exclusion, you should not use any of our websites, services, or applications.
This Agreement will always be available for your review under the “Legal” link found on the homepage of the Site.
Dwelling may assist you in various tasks in a real estate transaction. However, unless explicitly specified by an agreement between you and us, the services are not intended to provide you with any financial, real estate, or related advice of any kind.
Dwelling has a real estate broker license in Texas. However, unless provided for in an agreement between you and us, Dwelling assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
Your use of the Site
Your relationship with Dwelling and products and services provided by Dwelling may also be governed by other written agreements. In the event of any conflict between this Agreement and the terms of such written agreements that may be executed by and between you and Dwelling, the terms of such written agreements will control.
Changes in Terms
Dwelling also may, at any time and without notice, modify or discontinue the Site. You agree that Dwelling shall have no obligation of any sort to you in connection with any modification or discontinuance of the Site.
Dwelling may terminate your access to this website for any reason, at any time, with or without notice to you.
You agree that you will not use or attempt to use the Site for any purpose other than conducting business with Dwelling or its affiliates as a bona fide client of Dwelling and in each case solely for your personal, non-commercial use, and you may not reproduce, sell or distribute the information provided thereon.
You represent and warrant that you will not use the Site to:
- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Site or any portion thereof without Dwelling’s prior written consent.
- Upload, post, publish, transmit, reproduce or distribute through the Site any material that violates or infringes any third party’s privacy, intellectual property, copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed nondisclosure obligations.
- Engage in conduct that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others, or which harms the goodwill or standing of Dwelling or any of its clients, partners, employees, affiliates, agents, contractors or representatives.
- Alter, interfere or disrupt the content or functioning of the Site through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the Site.
- Attempt to probe, scan, test, or violate, or use the website to gain unauthorized entry or access to other associated computer systems or networks or to obtain unauthorized access to materials or other information stored thereon.
- “Mirror” or scraping the Site or any of its content on any other server without the express prior written permission of Dwelling.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Site.
- Upload, post, publish, transmit, reproduce or distribute through the Site any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
- Attempt to interfere with the use of the Site by any other user. Dwelling reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
Services and Site are Provided for Informational Purposes Only
The information provided through the Services and Site is provided solely for informational, educational, or entertainment purposes. Dwelling are not endorsed by or affiliated with any lender, and Dwelling is not a financial institution or lender. Dwelling makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations on the Site, Dwelling recommends that you obtain additional information and advice of accountants, lenders, or other financial advisors who are fully aware of your individual circumstances.
Third Party Sites
Disclaimer of Warranties
This Site and all of the Content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. Dwelling does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Dwelling assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.
Limitation of Liability
THE LIABILITY OF DWELLING IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DWELLING SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO DWELLING. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR FIRST REMEDY IS TO STOP USING IT. THE MAXIMUM LIABILITY OF DWELLING AND ITS AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DWELLING AND YOU, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Consent to Communications
You agree that we may contact you regarding your application, account or our relationship. Dwelling may also contact you by different methods (phone, email, SMS, etc.) about services and products we believe may be of interest to you. You may opt-out of future promotional emails by clicking on the opt-out link and following instructions contained in any of the automated emails that you receive from us. We reserve the right, however, to contact you with important information relating to your account or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You are deemed to have received communication when emails or phone calls are sent or made to the most recent email address or phone number that you have provided to us.
Third Party Sites
Consent to Electronic Communications and Disclosures
You agree to indemnify, defend and hold harmless Dwelling and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “Dwelling Parties”), from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) your use of the Site; (b) any violation by you of this Agreement; or (c) your submission to Dwelling of incomplete, inaccurate or untimely information or other data. The Dwelling parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
Choice of Law; Arbitration and Jurisdiction
This Agreement shall be interpreted and enforced as though executed in the State of Texas, and shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
If any clause or provision of this Agreement is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction; nor shall a waiver by either party of any term or condition or any breach thereof in any one instance, waive such term or condition or any subsequent breach thereof.
Successors and Assigns
You may not transfer or assign any of the obligations, rights or interests under this Agreement without the prior written consent of Dwelling. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
Privacy & Security
We take the security and safety of our customers’ personal and confidential information very seriously. We will do our best to help you guard against any disclosure of personal or financial information that could lead to the unauthorized use of your account or to identity theft.
What information we collect and how we use it
Dwelling is committed to appropriately managing any personal information you share with us when using our Services. Personal information means information that can be used to identify an individual, such as a first and last name, financial information, a home or work or other physical address, telephone number, email address, driver’s license number or social security number or other identifiable information (collectively, “Personal Information”).
Dwelling will use the Personal Information you provide to perform the function for which you provide it. For example, if you are applying for a Dwelling product, we use that Personal Information for evaluating your eligibility.
Passive Data Collection
We are always working to make your online experience the best available. Various tools and techniques are used to gather and analyze website visits and sessions. One of the ways we gather information about customer visits is through cookies. Some of Dwelling’s Services may utilize cookies, web tags, or other tracking technologies. A cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. A web tag is code or a pixel embedded in a web page, or email, that allows Dwelling or a third party to see that you have looked at that page.
Information in our tools
We make planning tools, such as mortgage and savings calculators, available. The calculators are for educational and illustrative purposes only; they do not represent any terms or conditions. We do not represent the accuracy and use of these tools and you should independently verify the results.
In some cases, we collect and store information about where you are located, such as by converting your IP Address into a rough geolocation. We may use location information to improve and personalize the Services for you, for example by showing you relevant local content.
How your information is protected
We take a number of steps to protect your personal information. Consistent with industry standards, we have implemented security policies to protect and safeguard the personal information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. We authorize our employees, agents, service providers and contractors to get information about you only when they need it to do their work for us. We require companies working for us to protect information. They agree to use it only to provide the services we ask them to perform for us.
With whom your information is shared
We never share information we receive from you unless: (a) we have your permission to share that information; (b) we have given you prior notice that the information will be shared, and with whom; or (c) that information is aggregate information or other information that does not identify you.
We may share information we receive from you to lenders, real estate agents, or other participating third parties who can assist in your homebuying experience. To opt-out from this sharing send us an email at email@example.com.
Information Shared with our Agents in Order to Operate and Improve the Services
We may share Personal Information with third parties, such as service providers, when it is necessary for the conduct of our business. In such cases, we will have agreements with the third party service providers under which the providers agree to maintain the confidentiality of your information and to use it only to help us serve you.
Information Shared with Corporate Parents and Affiliates
We may share your personal information with our affiliated companies and our successors and assigns to improve our service to you, to bring to your attention programs and services in which you may be interested, and as is otherwise reasonably necessary for the conduct of our business.
From time to time, but only with your consent, we may share your name, contact information, or other personal information with unaffiliated business partners for their use in marketing their products and services to you.
Information Disclosed for Our Protection and the Protection of Others
Information We Share with Your Consent or at Your Request: If you ask us to release information that we have about your Account, we will do so if reasonable and not unduly burdensome.
We may share personal information with others:
- when necessary in order to resolve customer disputes and complaints
- to protect against fraud
- to respond to a subpoena
- to report to a credit bureau; and
- when otherwise necessary to comply with laws, regulations, and judicial or administrative orders and directives.
Information Shared with Other Third Parties
We may share or disclose non-private information, Aggregate Information, or other non-personally identifying information with people and entities that we do business with.
Communication with us
As part of the Services, you may occasionally receive email and other communications from us. Administrative communications relating to your Account are considered part of the Services and your Account, which you may not be able to opt-out from receiving.
You may also receive other kinds of emails, offering products and services from our affiliates or non-affiliates, which you can opt-out of using the “Opt-Out” link in the emails themselves. Note that we will never email you to ask for your password or other Account Information; if you receive such an email, please forward it to us.
If you provide us with an email address or phone number, or choose to communicate with us by email or phone, then emails or phone calls from us to you will be considered to be sent or made with your consent.
Third party websites
Cookies and Tracking Technologies How to Opt Out
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and Dwelling.
If you would prefer not to accept cookies or otherwise wish to disable our use of tracking technologies, most browsers and mobile devices allow you to change your settings so as to notify you when you receive cookies or other tracking technologies are being used, and to choose whether or not to accept/allow it. Most browsers also allow you to disable or delete existing cookies or to automatically reject future cookies. Disabling cookies may limit your ability to use the Site.
This Agreement states the entire agreement between you and us concerning the use of this Site, and may not be amended or modified except through a written agreement signed by an officer of Dwelling.
Where to direct questions or concerns