Terms of Use

Dwelling is operated by Dwelling Technologies Inc. a Delaware corporation ( “Dwelling,” “we,” or “us”). By viewing and using the web site at dwelling.co including any subdomain thereof (the “Site” or “Services”) you both represent and warrant that you have read and understood, and you agree to be bound by these Terms of Use.

These Terms of Use will always be available for your review under the “Legal” link found on the homepage of the Site.

Dwelling’s Role

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

You must be at least 18 years of age to use our Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account.  When you register for an account, you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. 

Changes in Terms

Dwelling may, at any time and without further notice, revise or modify these Terms of Use or the Privacy Policy by posting an amended version on the Site. Any changes will be effective immediately upon posting. It is your responsibility to review these Terms of Use and the Privacy Policy periodically. If at any time you find either unacceptable, you must leave the Site. Your use of the Site after any change becomes effective will indicate your agreement to such change. Unless Dwelling obtains your express consent, any revised Privacy Policy will apply only to information collected by Dwelling after such time as the revised Privacy Policy takes effect.

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. 

Permitted Purposes

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.

Prohibited Uses

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.
  • Upload, post, publish, transmit, reproduce or distribute any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services, or otherwise violate the Privacy Policy.
  • 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 these Terms of Use.

Third Party Sites

The Site may contain links to websites operated by third parties (“Third Party Sites”). Such links are provided for your reference and convenience only. Dwelling does not have control over Third Party Sites, each of which may be governed by its own terms of service and privacy policy. Dwelling has not reviewed, and cannot review, Third Party Sites, and therefore does not warrant or endorse any Third Party Site, the content thereon, or the operator or operations of that site. By visiting or using Third Party Sites, you assume all responsibility and liability for resulting harms, whether to you or any third party, including without limitation as resulting from your downloading or use of any content, software or other materials available therefrom.

Disclaimer of Warranties

This Site 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 Site. 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 these Terms of Use.

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

Because Dwelling operates only on the internet, it is necessary for you to consent to transact business with us online and electronically. If you apply for a program or service through the Site, you authorize Dwelling to treat your application or request as if it had been made in writing and signed by you. As part of doing business with us, we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site, including any programs you may request or receive, your registration as a user on our Site, from us.

Indemnification

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 these Terms of Use; 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.

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

These Terms of Use 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.

Severability; Waiver

If any clause or provision of these Terms of Use 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 these Terms of Use without the prior written consent of Dwelling. Notwithstanding the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.

Relationship

Without limiting any other provision of these Terms of Use, these Terms of Use creates no agency, partnership, joint venture, or employee-employer relationship between you and Dwelling.

Updated: October 2023

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