Dwelling may assist you in various tasks in the real estate transaction process. 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. Dwelling also has a licensed mortgage brokerage 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
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 the Site for any reason, at any time, with or without notice to you, unless you have started an active loan application with us. If you choose to engage with Dwelling’s mortgage lending brokerage services and have begun an application on the Site, then Dwelling will comply with all regulatory and contractual obligations to process your loan application. Note that Dwelling is unable to close user accounts that have active loans in progress until such loans applications are processed or rescinded.
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.
Third Party Sites
Disclaimer of Warranties
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, the Site.
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.
Consent to Electronic Communications and Disclosures
Limitation of Liability
THE LIABILITY OF DWELLING PARTIES IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DWELLING PARTIES 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 PARTIES. 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 PARTIES 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 PARTIES AND YOU, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Choice of Law; Arbitration and Jurisdiction
Successors and Assigns
Updated: October 2023
home is closer than you think.